Praise Syeih phenomenon and Sociology of Law Marriage in Indonesia by minist

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									       Praise Syeih phenomenon and Sociology of Law Marriage in Indonesia

Lately, people familiar with the news of Syeih praise. The phenomenon of a rich
businessman is invited pros and cons. Marriage to Ulfa, a girl who was underage to be a
controversial phenomenon. Expose intense media, making the news more and provoke a
response of various parties, such as Kak Seto, as Chairman of the National Commission
for Child Protection, who were also doing advocacy on the issue.
Marriage between an adult, can be said to be much older - who have been married with a
young girl who was only 12 years old, became a very controversial issue, in the case
Syeih Praise. Many people who criticize him. But, from the perpetrator and the family
did not make it as a problem; such comments ULFA, "Why do people make a fuss I was,
but I'm okay; I love each Syeih Praise ...", that's about the response. Likewise, the story
Syeih Praise the Ulfa says that she married for love; he fell in love with Ulfa in the first
sight .... Thus, when outsiders want to praise Syeih divorce Ulfa, who was too young girl
that was not willing to be divorced.
Indeed, the position of Ulfa may be more difficult if he is divorced. Status will be a
widow, who is considered an 'oblique' in the community. Not to mention, the case is
known halayak general, will lead to severe psychological pressure.
Praise Syeih phenomenon may be precedent in the field of marriage law in Indonesia.
Actually, how the marriage laws of Indonesia to set about it, and how its implementation
in Indonesian society?

Laws of marriage in Indonesia
In the case of marriage with Ulfa Syeih praise, there are some things that violate the law
of marriage Indonsia. First, marriage with minors; the limits of marriage age at 16 years
for women. Marriage like this, it can be done with prior permission of the Court
pendapatkan; with what is called the dispensation of marriage (for children who have not
reached the age limit of marriage). Second, marriage is not recorded in the registrar of
marriage, or what is called in the community as a marriage or in a language Sirri law as a
marriage under his hand. Under Law No. 1 of 1974 on Marriage (hereinafter referred to
as the Marriage Law), aspects of this recording is also a determinant of legitimate /
absence of a marriage; as in Article 2 of the Marriage Law. Third, Syeih Praise
polygamous, while the legality of the licensing and recording no.
Source of these problems, can be induced in the absence of the recording aspect. If from
the beginning of the parties will register their marriages, then the registrar will require the
acquisition of the age limit of marriage and the dispensation of marriage and polygamy
permission of the court. When the couple was about to carry out the marriage, then the
officer / registrar agency will request marriage paperwork requirements, such as the
identity for the shows status, letters, statements of the spouse who will not have to
declare, licensing of trustee and so on; including marriage dispensation of justice, and
permits polygamy from the first wife.
Marriage laws in Indonesia, namely the current Act no 1 of 1974 on Marriage, is a matter
of fiqh munakahat formulated in legal drafting, then dilegislasikan into national law of
Indonesia. In the formulation of legal marriage, there are aspects of the regulation is done
in the framework of law reform, such as registration of marriage, the legal aspects of the
modern law. It is intended also for the legal protection of those who persecuted in the
future. For example, the recording / marriage certificate form, a wife abandoned by her
husband, can file a divorce. State intervention in the implementation of marriage, such as
the institution of marriage registrar, for the dispensation of justice for the bride who has
not reached the age of marriage, make divorce and divorce, polygamy license application,
and so on, is also an aspect of the renewal of Islamic law.

Implementation of the law of marriage in society
Marriage law and administered by the civil law. While there is pluralism in civil law in
Indonesia, namely customary law, Islamic law, law in the BW (Dutch heritage), and
berbegai substantive legal materials in recent legislation. Legislation Marriage Act, may
be regarded as an attempt of unification of law. However, there are a plurality in the
implementation of the marriage law, the marriage of religion and beliefs held by each.
The people of Indonesia, the Muslim majority, there is a customary marriage diaopsi of
Islamic law. Model of marriage is still practiced in the community. For example,
marriage to invite clerics to marry, without the registrar of marriage. It is then, familiarly
called the marriage / marriage Sirri.
Thus, there was a dichotomy in Muslim societies 'traditional', the so-called marriage is
legal and a religious marriage. A religious marriage was considered valid, if there are two
brides, guardian and witness. However, a new marriage legally valid if listed. That's all
the difference. However, in the recording process, there are procedures to be followed;
like pendaftarana process, completion of paperwork requirements and so on, until then
get a marriage certificate.
Among the 'traditional', plural marriage was performed Sirri, because religion has been
considered valid. With this marriage, the age limit of marriage is not so required. There
are indigenous in some areas menaikahkan children are very young (not yet reached the
age of marriage), Sirri marriage this way. A study, get in Jember, Local Government had
organized a mass wedding for couples who do not have a marriage certificate.
Based on this phenomenon, it can be said that the marriage Sirri still practiced in many
societies 'traditional' in Indonesia. Mareka assume that the marriage was valid according
to religion. This can be due to lack of socialization of the national marriage law. Actually,
the Muslim community can dipahamkan with the 'principle maslahah' in record keeping
and legal aspects of the law.
Meanwhile, another fenomene occurred among the elite, who have legal literacy. If they
carry out naikah Sirri, it's not the absence of legal marriage pemehaman Indonesia.
Perhaps, marriage Sirri done to avoid the complicated procedure. For example, a person
who already has a wife, when she wanted to marry another wife with his second wife
Sirri. Because, polygamy must get permission from first wife, and permission is spoken
in court; and many more requirements that must be met legally. Thus, the polygamous
marriage Sirri law can be regarded as fraud.
So also on the age limit of marriage at 16 for women and 19 for men, there are still some
exceptions in the community. With practices that do not require Sirri marriage age limit,
it is a violation of the age limit is often the case. Often the case, the single pair that the
female was pregnant, and do not meet the age limit of marriage, marriage dispensations
apply directly to the court. Indonesia was in a legal marriage, marriage dispensations
required for children who have not entered the age of marriage.
With exposure to the above, it is related to the case Syeih Praise, this is the case that is
still common in our society. Thus, the existence of such praise Syeih case, can be a
precedent for the community, to make it more legal literacy; as a warning to people who
still practice marriage who do not meet legal procedures.

Future expectations of Marriage Law
In Indonesia, which adheres Eropha Continental legal system, there is a rigid separation
between law and public privaat. So in private law, there are no criminal sanctions. Unlike
the laws that follow the Anglo-Saxon system, between public and private distinction is
not so apparent. For example, the law perkaiwnan in Pakistan, people who carry out
without the permission of polygamy and the complete procedure, can be punishable by
imprisonment. So is the marriage that violates the marriage age limit, may be subject to
criminal sanctions. Field of private law regardless of sanctions clearly, will loosen control
of the offense. Thus, there is no penjeraan aspect to the offender.
Difference in age of marriage, in some countries have also been arranged, for example
should not be carried anatar marriage of two people who reach the 20-year age
difference, because it was feared there 'oppression'. In Indonesia law, has not been set on
the difference in age of marriage. So in society, a man who is relatively old, can only
marry a young girl, the age difference is relatively far away.
Socialization of Indonesian marriage law, still needs to be done in a traditional society.
So that there is understanding, that the national marriage law that legal religious
marriage. Record keeping and regulatory aspects of the law by maslahah mursalah
ijtihad, which must be approved by the Muslims.
Marriage law reform in Indonesia, should be led to the firmness of criminal sanctions,
and setting more lenjut toward community benefit.

								
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