Tinjauan Yuridis dan Sosiologis Terhadap Fenomena Pernikahan dan Perceraian di Bawah Tangan di Dusun Tanjung Limau Kecamatan Sapeken

Abstract

The condition of the people of Dusun Tanjung Limau RT/RW 001/002 Saur-Sarbus Village, Sapeken Subdistrict, there are still many who carry out marriages under the hands and divorce without a trial process in court with various reasons and factors that are often expressed when they want to have a legal marriage and divorce legally positive. that the problems that accompany unregistered marriages and divorce without trial in court are the most obvious legal problems in which the people of the hamlet of Tanjung Limau are mostly ignorant of the marriage law, especially for women, internal problems in the family, social and psychological problems involving public opinion that cause pressure. mental problems for the perpetrators, and religious problems that need to question the legitimacy of underhand marriages and divorces without trial in courts that are currently rife in Indonesia. The impact of underhand marriage and divorce without trial in court for women is legally, the wife is not considered a legal wife, is not entitled to an inheritance if the husband dies, is not entitled to gonogyny property in the event of a divorce. Sociologically, underhanded marriages and divorces without trial in court will have various negative implications and impacts. As for the social impact, it is more about clashes with negative public views about the status of underhanded marriages and divorce without a trial in court, which can cause mental stress for perpetrators, especially women, as well as the possibility of being isolated from the community. Therefore, the government needs to intervene against the occurrence of underhanded marriages and divorces without a trial process in the Court so that the community gets legal protection and certainty.