THE IMPACT OF NO MARRIAGE CERTIFICATE
DEAR BELOVED STEEMIAN FRIENDS
as the result of interviews that the author has done with the respondents from the family who do not have the quotation of marriage certificate in Gampong Geulumpang Sub District of Pirak Timu, it can be concluded that the absence of marriage book (quotation of marriage certificate) brings some impact, the following:
Weak Legal Protection Against Wife
According to Islamic law an unregistered marriage and not having a marriage certificate (marriage certificate) is valid as long as it qualifies and marriages, but this unregistered marriage, the law of the state does not recognize it so that various household issues are included when later on there is divorce can only be resolved outside the legal channels of the state that is done by deliberation according to Islamic law and at the Gampong level.
The impact of unregistered marriage and not having a marriage certificate (marriage) certificate against a wife is; Wife can not sue husband, if abandoned by husband, wife does not get allowance if husband died, like allowance service raharja, if husband as employee, hence wife do not get marriage allowance and husband pension allowance.
Legally, married women without having quotes of marriage certificates are not considered legitimate wives. In other words the marriage was considered invalid. Therefore his wife is not entitled to the livelihood and husband's inheritance if the husband dies. Wife is not entitled to property gono gini (treasure hareukat) in case of divorce. The wife is also not entitled to wife benefits and retirement benefits from her husband, because her name is not recorded in the husband's office.
Based on the interviews of the authors with the residents of Gampong Geulumpang Kecamatan Pirak Timu, some of the impacts of the absence of quotes of marriage certificate (marriage book) that harms the wife legally is the wife can not sue for divorce her husband who did not give him or her inner birth for more than 5 years, delivered by Mrs. Nurjannah who has been left 5 years by her husband without any news from her husband and not given a living inner birth. When planning to sue her husband's divorce (fasakh) to the Religious Courts, the Lhoksukon Religious Court (Mahkamah Syar'iyah) requested authentic proof of marriage that is a marriage certificate (marriage certificate). As a result of the absence of the marriage book until now the lawsuit was not accepted and his life was hanging around with no status clarity, when he planned to marry someone else.
The weakness of the wife's wife from the side of the law as the impact of the absence of marriage book is also felt Mrs. Rohani, a widow citizen Gampong Geulumpang District Pirak Timu, as explanation to the author, he can not get veteran allowance from her late husband for not having quotes marriage certificate (marriage book ) requested by PT TASPEN, it happens because he is the second wife of her deceased husband.
Difficulties of the Social and Economic Sides
Another impact of the absence of a marriage certificate (marriage certificate) for a family as perceived by the citizens of Gampong Geulumpang in Pirak Timu District is social and economic difficulties, as it was delivered by Mr. Ibrahim, a resident of Gampong Geulumpang who daily worked as a day laborers off and relatively inadequate.
To the authors he conveyed the difficulties he felt when administering the promised home support from a non-governmental organization (NGO) headquartered in Jakarta, where one of the requirements that must be attached to the application file is a copy of the marriage book, so that it is quite inconvenient until officers from the non-governmental organization (NGO) provided the dispensation to him after looking directly into the field.
Economic difficulties resulting from the absence of quotes of marriage certificate (book of marriage) also felt Murdani, citizen Gampong Geulumpang District Pirak Timu who daily work as small traders. According to the author, he has twice experienced problems resulting from the absence of quotes of marriage certificate (the marriage book) when applying for a small business loan loan to Bank BPD, where one of the administrative requirements is to attach a photocopy of a marriage book. The same difficulty he also experienced when he wanted to buy a motorcycle on credit for the smooth business merchandise in one motorcycle sales dealer, where the officers also asked for a copy of the book of marriage. The difficulty is finally given way out by making a certificate of marriage as a substitute for marriage books.
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