Procedure of the Marriage Contract Via Teleconference

abialfatih (78)in Steem Japan • 4 years ago (edited)

Procedure for the Implementation of the Marriage Contract Via Teleconference

Law Number 1 of 1974 concerning marriage and Government Regulation (PP) Number 9 of 1975 concerning the implementation of Law Number 1 of 1974 do not explicitly and clearly regulate the procedure for carrying out marriages, which only regulates the validity of their marriage which is carried out by them based on religion and belief, namely as regulated in Article 2 paragraph (1) of Law Number 1 of 1974 concerning marriage, furthermore the marriage must be registered with the Marriage Registrar Office (Article 2 paragraph (2) Jo. Article 2 paragraph (1) PP No. 9 of 1975).

Furthermore, in Article 10 paragraph (2) PP No. 9 of 1975 it is stated that the marriage procedure is carried out according to the law of each religion and belief, so it can be concluded that the process or procedure for the marriage is left entirely to the respective religious provisions of the prospective bride and groom. As stated above, the Marriage Law and PP No. 9 of 1975 does not explicitly regulate the procedures or procedures for marriage, however, if you listen to Article 20 of the Marriage Law, it can be indicated that for those who wish to have a marriage, it should be carried out in the same place (one assembly), so that it can be supervised, attended and directly known by the marriage registrar. This is related to the signing of the Marriage Certificate by both parties (bride) as administrative completeness.
In its development, sometimes the implementation of marriage is not carried out according to the procedure as above, namely in pronouncing the consent and acceptance it is not carried out in one place (one assembly). After doing research, it turns out that even religious provisions do not explicitly regulate the procedures or procedures for marriage to be carried out in one assembly. This can be proven by the existence of the term taukil marriage which can be interpreted as a marriage whose implementation is not attended by one of the prospective brides, but the absence of the prospective bride and groom is represented by a power of attorney given to a representative who can be trusted to read the power of attorney. the.
In this case, the most important thing is that those who want to carry out marriages must meet the requirements and pillars of marriage as stated in the Compilation of Islamic Law, namely the existence of a marriage guardian for the bride and the presence of witnesses, as well as doing or saying ijab qabul (marriage contract), even though the consent qabul is read out. by a representative authorized to do so. A marriage that does not meet the requirements and pillars of the marriage, then the marriage is considered invalid.

After doing research that the procedures or procedures that have been carried out by those who will carry out marriages are actually only based on habits that develop in Indonesia. It is customary or customary for marriages to be carried out in one assembly, meaning that the bride, guardian, witness, marriage registrar and the groom are in one place to perform and or pronounce the ijab qabul (marriage contract) as a determinant of the validity of the marriage which is carried out continuously, and usually after After the marriage contract, the groom is asked to make a promise or what is known as sighat taklik talak, witnessed by all those present at the ceremony.

Such procedures or procedures are intended to facilitate and/or expedite administration, so that there are no obstacles to the certainty of the validity of their marriage, whether based on religion or based on positive law. If this is related to Article 10 paragraph (3) of PP No. 9 of 1975 which states that marriages are carried out in front of a marriage registrar and attended by two witnesses, it can be concluded that although according to the prevalence as stated above, in its development it can be done otherwise. This means that the marriage procedure can be carried out not in one assembly and this can be justified, the most important thing is that the pillars and conditions of the marriage are fulfilled and the marriage is not hindered as stated in Article 21 of Law Number 1 of 1974 concerning marriage.