Under Marital Hand Seen from Positive Law in Indonesia (Study Timbang Lawan Bahorok Village Sumatera Utara)

Abstract

Marriage under the hand known to the public came after the enactment of Law No. 1 of 1974 on Marriage and the issuance of Government Regulation No. 9 of 1975 as the implementation of Law No. 1 of 1974. In both of these rules states that every wedding, also, must be done according to religious requirements should also be recorded. For those who are Muslims and will do a divorce but cannot prove the marriage with a wedding certificate, can apply for a wedding that (determination or approval of the wedding) to the Religious Court as provided for in Article 7 Compilation of Islamic Law (KHI). This study aims to determine the position of marriage under the hand regarding Islamic law and the provisions of Positive Law in force in Indonesia and the obstacles faced by the perpetrators of marriage under the hand according to Islamic Law and Positive Law in Indonesia and solutions legal, using the methodology of normative legal research. The primary data obtained through interviews with the respondent. The data used is secondary data, which get from the library, literature, law. Analysis of the data used normative analysis, the data collected is poured in the form of a logical and systematic description, then analyzed to obtain clarity settlement of the problem, then the conclusions drawn deductively, from things that are common toward things that are special.