MARRIAGE BY CIVIL LAW Present by : Alfin Layindra ( ) FACULTY OF LAW UNIVERSITAS MUHAMMADIYAH YOGYAKARTA
Definition of Marriage AAccording to Act 1 of 1974, both inner and outer bond of marriage is between a man and a woman as husband and wife in order to establish a family (household) a happy and everlasting by God Almighty. AAccording to Prof. DR. Wirjono Prodjodikoro, SH., Marriage is the living together of a man and a woman who meets certain requirements. AAccording to Prof. R. Subekti, SH., Marriage is a legal bond between a man and a woman for a long time. AAccording to Paul Scholten, marriage is a lasting relationship between two people of different genders recognized country.
Terms of Marriages according to Law No1/1974 Approval by both the prospective bride. The existence of both parents or guardian permission for prospective brides who are under 21 years. Groom age 19 years and has reached the age of the bride has reached 16 years. Between the groom and the bride is not in a family relationship by blood or marriage should not be. Not be in matrimony with other parties. For husband and wife who have been divorced, then remarried and divorced each other again for the second time, religion and their beliefs do not forbid them to marry a third time. Not in time waiting for the bride who is widowed.
People That Can Prevent Marriage The family in the lineage straight up and down from one of his prospective bride. Brother of one of his prospective bride. Guardian of marriage of one of his prospective bride. Guardian of one of his prospective bride. The parties concerned Husband or wife of one of his prospective bride Officer appointed
Marriage Prevention The groom has not reached the age of 19 years and the bride has not reached the age of 16 years (see Article 7 paragraph 1) Between the groom and bride, or blood-related family not to marry. Bride were married to other parties Between the groom and the bride has been divorced from each other for the second time, while religion and prohibits belief married for the third time. Marriages to be performed does not meet the procedures (procedures) that have been specified in legislation.
Parties Can File a Nullity, according to Article 21 of the UUP The family in the lineage to the top of the husband or wife Husband or wife The official authorities are yet to be decided only during the mating The official designated paragraph 2 of Article 6 of this Act and the loyal people who have a direct legal interest of the marriage, but only after the marriage broke up.
Marital Agreement With regard to the marriage covenant in Article 29 UUP stated as follows: At the time of or before the marriage took place, with the approval of both parties entered into a written agreement with DAPT adopted by the civil registrar of marriage, having come into force as well as the content of any third party through a third party involved. The agreement can not be validated when breaking the boundaries of the law, religion and morality. The agreement came into force since the marriage took place. During the marriage agreement can not be changed unless both sides consent to change and change is not detrimental to third parties.
Property in Marriage (Article 35 s / d 37) With regard to marital property under section 35 UUP, that: Property acquired during marriage becomes joint property. Property of their respective husbands and wives and property obtained respectively as a gift or inheritance, is under the control of each of the parties does not determine all the others.
Marriage Breakup According to Article 38 UUP, marriage can be ended because: Death. Divorce. The decision of the Court.
As a Result of Marriage Breakdown Due to Divorce Under Section 41 Either the mother or father still obliged to raise and educate his children, solely on the interests of the child, if there is a dispute about control of the children, the court gives its decision. The father is responsible for all costs of maintenance and education of children who needed it, when in reality you can not give this obligation, the court may determine that the mother participate bear the cost. The court may require the former husband to provide cost of living and or determine any obligation for the former wife.
Status of Children A legitimate child is a child born in or as a result of a legitimate marriage (Article 42).Children born outside marriage has only a civil relationship with her mother in her mother's family. Position the child will then be arranged in government regulations (Article43). A husband can deny legitimate child born to his wife, if he can prove that his wife had committed adultery and the child was the result rather than adultery.
Guardianship Children who have not attained the age of 18 (eighteen) years of marriage has never carry, which are not under the authority of parents, under the authority of a guardian. Personal custody of the child and his property (Article 50). Guardian may be appointed by one parent who exercise the power of parents, before he died, with a will or by oral before two witnesses.
Validity of Marriage A marriage is valid if done in compliance with all requirements and laws of religion and belief it.
THANK YOU... WASSALAMU’ALAIKUM WR. WB