首页    期刊浏览 2025年06月27日 星期五
登录注册

文章基本信息

  • 标题:Pembuatan Perjanjian Kawin Oleh Pasangan Suami Istri Yang Beragama Hindu Yang Perkawinannya Belum Dicatatkan
  • 本地全文:下载
  • 作者:Dharmawan R.,SH, Agus Wahyu ; Windia, I Wayan ; Sukeni, Ni Nyoman
  • 期刊名称:Kertha Pertiwi
  • 印刷版ISSN:2252-380X
  • 出版年度:2015
  • 卷号:11
  • 期号:1
  • 语种:Indonesian
  • 出版社:Kertha Pertiwi
  • 摘要:The substance of Article 2 paragraph (1) Marriage Act, defining marriage is valid if executed in accordance with the laws of each religion or belief, as well as administratively should be listed under Article 2 paragraph (2) of the Law of Marriage. Such provisions must be read in their entirety and held simultaneously. Under Article 29 of the Marriage Act, the marriage agreement is made ??on or before the marriage took place without violating the limits of the law, religion, and morality, and must be approved by the employees of the marriage registrar. Marriage according to Hindu religion is said to be valid if the ceremony called “pabyakalan (makala-kalaan)” has been held, although implementation is not accompanied by an administrative registration of marriage. This study is considered as normative research that departs from the haziness of norm about legitimacy of a marriage because of the separate writing of paragraph (1) in Article 2 with its paragraph (2), which resulted in a legal act of making marriage covenant by the Hindu married couple after their marriage that has not been registered. Legal materials obtained were then classified qualitatively and comprehensively assessed, and presented descriptively and analytically. From the research conducted it is concluded that couples who have carried out the Hindu marriage under Article 2 paragraph (1) may make a marriage agreement, and be not in contrary to the law, religion, and morality, and should be able to act fairly / balanced, give legal certainty and be beneficial to both parties and / or third parties involved. Consensus by husband and wife for making Hindu marriage agreement after the marriage, although it has not been registered, still has the binding force as befits the law (principle of pacta sunt servanda). Keywords: Hindu Marriage, Marriage Agreement, Registration of Marriage.
国家哲学社会科学文献中心版权所有