Tinjauan Hukum Islam Terhadap Sanksi Perkawinan Dibawah Tangan

(Studi Kasus Keluarga Tentang Pasal 45 PP Nomor 9 Tahun 1975)

Abstract

This research analyzes the application of Article 45 of Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage, in the context of family cases in Indonesia. Article 45 regulates the rights and obligations of husband and wife in marriage, which include joint obligations to care for, educate and raise children. This case study aims to identify the extent to which this article is implemented in the daily lives of Indonesian families, as well as to evaluate the legal and social impacts of its implementation.

The research method used is a qualitative approach with in-depth interview techniques and document analysis. Participants in this research consisted of several families who had undergone legal processes related to this article, as well as legal practitioners and academics who had in-depth knowledge of family law in Indonesia.

The research results show that although Article 45 provides a clear legal framework regarding the rights and obligations of husband and wife, there are various factors that influence its implementation, such as level of education, understanding of the law, and socio-cultural dynamics. This research found that many families do not fully understand their rights and obligations in accordance with this article, which often causes conflict and difficulties in resolving family problems