Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia

Research Article

Itsbat (Law Stipulation) for Mixed Marriage in Indonesia Tourism Destination

Download231 downloads
  • @INPROCEEDINGS{10.4108/eai.8-12-2018.2283947,
        author={S  Khosyi’ah and R W Sururie and A T Fuadah and A  Sholeh},
        title={Itsbat (Law Stipulation) for Mixed Marriage in Indonesia Tourism Destination},
        proceedings={Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia},
        publisher={EAI},
        proceedings_a={WESTECH},
        year={2019},
        month={6},
        keywords={itsbat marriage juridical},
        doi={10.4108/eai.8-12-2018.2283947}
    }
    
  • S Khosyi’ah
    R W Sururie
    A T Fuadah
    A Sholeh
    Year: 2019
    Itsbat (Law Stipulation) for Mixed Marriage in Indonesia Tourism Destination
    WESTECH
    EAI
    DOI: 10.4108/eai.8-12-2018.2283947
S Khosyi’ah1,*, R W Sururie1, A T Fuadah1, A Sholeh1
  • 1: Faculty of Shari’ah and Law, UIN Sunan Gunung Djati Bandung, Indonesia
*Contact email: siah.khosyiah@uinsgd.ac.id

Abstract

This study aims to describe the itsbat marriage and judicial legal considerations in granting itsbat marriage to mixed marriages in tourist areas in Indonesia in relation to material rights after the marriage has legal force. This study uses a normative juridical method with a qualitative approach, primary data sources in the form of reasons and judicial legal considerations that are related to this research, while secondary data sources, in the form of books that have relevance to research. Data collection techniques in addition to interviews with judges that establish its marriage rights for mixed marriage applications in tourist areas in Indonesia are also related literature. The data analysis in this study is a qualitative analysis with a normative juridical approach. A marriage that has legal certainty (principle of legal security and rechtzheheid), the state guarantees the rights and obligations of every citizen including those who engage in mixed marriages in tourist areas in Indonesia, the effect of the itsbat marriage about the right and obligation to strengthen marriage itself rights and obligations will arise which have to do with material rights, for example, the right to livelihood, rights to joint property, inheritance rights, and so on.