Legalisasi Perkawinan Bawah Tangan Melalui Isbat Nikah Pada Desa Pringgowirawan Kecamatan Sumberbaru Kabupaten Jember

Abstract

Underhanded marriage is a marriage that is carried out based on religious provisions only. In the provisions of Law No. 1 of 1974 Article 2 paragraph (2) which regulates that every marriage must be registered in the Civil Registry. Marriage registration aims to ensure that every marriage obtains legal certainty. The reality is that many people in Pringgowirawan village carry out private marriages. This happened due to the lack of public legal awareness and the various factors that influence it. Underhanded marriages have legal consequences in their household life and population administration. The problem under study is the legal consequences experienced by the Pringgowirawan village community whose marriages are not registered and validity of marriage after it was legalized through marriage constituencies. This study uses qualitative methods with primary and secondary data sources. The results of the study show that the cause of underhand marriage is due to economic factors and the age of the bride and groom which is also related to legal awareness. This research shows that underhand marriage can gain validity through the legalization of marriage certificates. The legal consequences felt by the community encourage the desire to formalize their marriage to obtain legal status.