'SIRI' MARRIAGE BY LAW MARRIAGE

Marriage is a very important institution in society. In the religion of Islam itself marriage is the sunnah of the Prophet Muhammad, in which for each of his people are required to follow. Marriage is a physically and mentally bond between a man and a woman as husband and wife with the aim of forming a family or household that is happy and eternal based on God.

As a bond born, marriage is a legal relationship between a man and a woman to live together as husband and wife. inner and outer bond is a formal relationship that are real, both for those who bind themselves and for the judgments or society. Born bonding occurs with the marriage ceremony marriage ceremony ceremony for the Religion of Islam.

As a spiritual bond, marriage is a soul affinity that exists because of the same willingness and sincerity between a man and a woman to live together as husband and wife. in the early stages, this inner iktan begins and marked with the consent of the bride to enter into marriage. Furthermore, in the living together of this spiritual bond is reflected in the harmony of husband and wife is concerned. Bonding birth and spiritual bond is the main basis for establishing and fostering a happy family and eternal.

In the formulation of the marriage under the Act No. 1 In 1974 it was stated purpose of marriage is to establish a family (household) are happy and eternal. This means that the marriage took place not for a while or for a certain period of time planned, but for a lifetime or forever, and should not be cut away. Therefore it is not allowed marriage only held for a short while just like a marriage of convenience. Dissolution of marriage by divorce is only allowed in a state of very forced. Furthermore, within the meaning of marriage is also stated emphatically that the formation of the family (household) are happy and eternal based on God, this means that the marriage should be based on religion and belief respectively. In Article 2, paragraph 1 and 2 of Law No. 1 In 1974, reads:

Marriage is valid if it is done according to the law of each religion and belief it.

Each marriage is recorded in accordance with the legislation in force.

Act 1 of 1974 and Islamic law considers that the marriage was not only seen from the purely formal aspects, but also from social and religious aspects. Establish religious aspects of the validity of the marriage, while the formal aspects are related to the administrative aspects, ie recording at KUA and civil records.

In addition to the marriage based on the rule of positive law above, the existing social reality, known for their mating series or better known as a marriage under the hand. Siri is derived from the Arabic "as-sirru" which means secret, secretly. Series is a marriage mate only fulfill religious procedure, without reporting it to the KUA or to the Civil Registry Office. Usually unregistered marriages performed because both sides are not ready officiate or meramaikannya, but on the other hand to manjaga order not to prevent accidents or are exposed to things that are forbidden religion.

Basically, marriage 'siri' if it fulfilled the requirements and harmonious marriage, the law valid in Islam. The terms of marriage in Islam it is included :

1. The bride and groom;
2. Guardian of the woman who will marry;
3. Dowry;
4. Two witnesses;

But the problem is, marriage in Indonesia is not based on Islamic law. Rather positive law, namely Law No. 1 of 1974 on marriage.

The marriage 'siri' influenced by several factors. The first is the economic factor, the cost of which is cheaper when compared to marriage which invites the KUA. Siri marriage does not need to deploy an invitation too much. So it will automatically save the cost of marriage.

Validity of unregistered marriages religiously, depending on the extent to which the terms of marriage are met, namely the existence of a guardian, at least two witnesses, their dowry and consent qabul. Legally positive, unregistered marriages are not legal because it was not recorded in the official accounts. This is because any of our citizens who are married must register the marriage was to KUA or Civil Registry Office, to get a letter / Marriage Certificate.

Now this new phenomenon often appear unregistered marriages were performed, with some reason, no female guardian, sometimes even without witnesses and without the knowledge of the girl's parents. Such marriages are not valid in religion and especially legally. So in case of issues related to civil law, offenders are not eligible for marriage Sirri / resolve the problem through legal institutions that exist because marriage is not registered.

From the description above it can be concluded that the state expressly prohibit unregistered marriages and every wedding ceremony must notify the employee of the state. Even the state will provide criminal sanctions for perpetrators on the grounds of marriage Sirri marriage siri has caused many casualties and the Ministry of Religious Affairs noted, 48 percent of the 80 million children born in Indonesia and the marriage is not recorded. That is, 35 million children in Indonesia is difficult to obtain birth certificates, identity cards, legal rights such as inheritance rights, and so on. In addition, the marriage of two million per year, there were 200 thousand divorce.

These data indicate a marriage without recording length will cause problems, especially for children. Not to mention the status of marriage without recording the results wife. They are not protected by law. If perkawinanya problematic, then the wife is not going to be able to exercise those rights is reasonable. Inheritance rights, Gono-gini rights, and the rights of other legal perlindunga. Because unregistered marriages often misused by perpetrators.

The state does not allow unregistered marriages with the intention to protect the civil rights of citizens arising from the misuse of marriage. The state is obliged to create harmony and social order in society.