Amnawaty, S.H., M.H and dina, juliana (2020) CHILDREN'S RIGHTS AND THE LEGAL CULTURE OF SOCIETY ON UNREGISTERED MARRIAGE. Internatonal coference on islamic law in indonesia. pp. 175-181. ISSN 978-602-5871-66-5

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Abstract

Many people do the unregistered marriage for various reasons while inconsistencies between articles of the Marriage Act No.1/1974 jo. KompilasiHukum Islam (Compilation of Islamic Law) as well as the legal culture of religious judge have triggered numerous problems concerning to the rights of the children who born within this marriage. Revision to Article 43 of Marriage Actitself is also not sufficient to provide a significant impact to the rights of these children.Therefore, this research conducted to explore the causative factors of people do the unregistered marriage and to reveal more about the legal protection of children’s rights that born by this marriage. The research held in Kampung (village) Kedondong, Pesawaran Regency, Lampung Province by using qualitative approach. There are three main factors as the reasons for the people do the unregistered marriage which are : (1) Islamic exclusive view concept, (2) economic condition, and (3) procedures and formalities contents on the regulations. In addition, there is also a fact that the children’s rights who born within the unregistered marriage do not have the legal protection from the constitution law, even if they are protected by the local communities through the local wisdom. Keywords: unregistered marriage; the protection of child’s law; moslem children justice; Islamic justice

Item Type: Article
Uncontrolled Keywords: unregistered marriage; the protection of child’s law; moslem children justice; Islamic justice
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum (FH) > Prodi Ilmu Hukum
Depositing User: AMNAWATI hamid
Date Deposited: 17 Nov 2020 03:16
Last Modified: 17 Nov 2020 03:16
URI: http://repository.lppm.unila.ac.id/id/eprint/25700

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