THE VALIDITY OF MARRIAGE THROUGH “ITSBAT NIKAH” ACCORDING TO THE PERSPECTIVE OF THE PEOPLE OF KUTOREJO VILLAGE,

This Research is motivated by the phenomenon of massive sirri marriage in the village of Kutorejo Kepahiang, yet the legalization rate is still few. This is contrary to the Law. This research aims to contribute to the community to understand that marriage has been regulated in the Law so that the number of marriages can be suppressed and immediately strive for legalization. This thesis is a type of field research with descriptive qualitative writing methods and a normative sociological approach with legal theory. In collecting data, the author makes observations and interviews and then describes the data further analyzed according to the Law. The research concluded that the number of Itsbat Nikah is inversely proportional to the number of sirri marriages in Kutorejo village due to the public ’s lack understanding of government laws and programs. There is no absolute socialization of the village in bridging the recording of sirri marriages. The motives of the community in applying for marriage licenses vary, including ease of access to public services, legal status rights of marriage, property rights to inheritance rights so that people's views on the legalization of marriage are pursued.


INTRODUCTION
In The Law of Marriage Law No. 01 of 1974, Article 2 paragraph (1) states that marriage is legal if carried out according to the law of religious rules applicable by the PPN (Marriage Registrar) and helps the community have a legally binding marriage and fulfils civil aspects. 5 As in the phenomenon of Kutorejo village, Kepahiang Regency, with a high number of sirri marriages, there are many factors behind unusual marriages and not following applicable laws in Indonesia, including economic factors, education, environment, bureaucracy and also the rise of social media. All of these factors are continuous with each other so that if we trace the root of the problem, it will prove that each factor affects the other factors. 6 In the latest data from late 2020 to 2021 in Kutorejo village, Kepahiang Regency, 7 12 sirri marriage couples have been recorded for various reasons, ranging from problems during the iddah period not having a divorce certificate, pregnancy out of wedlock to early marriage. Of the 12 couples who got married last year, no one has filed a marriage certificate against the local religious court.
Based on the interviews and data obtained from the KUA of Kepahiang Regency, in the last two years, 2020-2021, 31 couples have registered who have submitted their marriage certificates and were approved by the Religious Court of Kepahiang Regency. However, the village of Kutorejo, where the author conducted the research, only had two couples whose marriage certificates were legalised. This issues an assumption that the marriage Itsbat program is still not well socialised in the village of Kutorejo. Hence, it impacts the low application for Itsbat marriage and is inversely proportional to the high cases of underhand marriages. This shows the low understanding of the Kutorejo village community toward the rule of law in married life. 8 From the explanation of the facts above, the author found a big marriage problem in Kutorejo village that sirri marriages are very massively carried out. However, very few have proposed marriage legalisation either by Marriage Itsbat or remarriage at the KUA. The number of underhanded marriages causes a low number of marriage registrations at the local KUA. This, of course, can cause harm to the parties concerned because they do not get legal legality in the marriage that is carried out. So the author feels it is essential to examine the unders tanding of the Kutorejo village community on the legality of marriage through Itsbat marriage. It is hoped that this research will impact increasing public awareness of the importance of registering marriages to achieve self-preservation and offspring in society and the State.

Itsbat Marriage Phenomenon in Kutorejo Village, Bangalore Regency
Since March 2021, the author has conducted research, observations and interviews with village officials and several Kutorejo villagers, especially those involved in sirri marriages, for the last five years. From the last year, from mid-2020 to October 2021, there have been 13 couples who have been married in a sirri manner without the registration of the authorities, namely the KUA. 9 The explanation of the village priest as the bearer of the religious mandate stated that the village of Kutorejo had the highest-ranking regarding cases of sirri marriages with early marriage status, Meaning: "And the divorced wives (required) restrain themselves (wait) three times quru' (Albaqarah: 228) 1. Pregnancy out of wedlock, 2. The age that has not met the requirements of the Marriage Law is 19 years. 15 The classification of the number by category is as follows: 16 a. Sirri marriage due to the unfinished Iddah period, as many as two couples b. Sirri marriages because they do not have a yellow card (divorce certificate) as many as two couples c. Sirri marriage due to pregnancy outside of marriage and the age of the bride and groom has not reached the minimum allowed to marry (early marriage due to pregnancy before marriage) as many as six couples d. Early marriage of 2 couples e. Marriage was not registered before Law no. 1.
Regarding marriage, one partner applies.
divorce certificate as proof of divorce to the party no later than 7 (seven) days after the decision that has the power of attorney. The village officials said that one of the causes of the sirri marriage phenomenon in Kutorejo village was the environment and community traditions that facilitated the sirri marriage process. Early age in marriage is not a taboo for some villagers. Reinforced by the high number of pregnancies out of wedlock, parents marry their children out of disgrace the reason that it is easy to legalize it later in life. 17 However, based on KUA 2020-2021 data, in the past year, the marriage certificate number from Kutorejo village, Kepahiang Regency only recorded two pairs. 18 The head of the KUA said that the marriage itsbat program was still something foreign to the community, including the people of Kutorejo village. This is proven based on KUA's monitoring that all perpetrators of unregistered marriages who want to take care of the legality of marriages go to KUA first to apply for remarriage. However, the KUA stated that all unregistered marriages must submit a Marriage Itsbat to the Religious Courts by including an unregistered marriage certificate from the KUA. 19 From the facts above, it can be concluded that the phenomenon of Itsbat Marriage in Kutorejo Village, Kepahiang Regency is still very minimal. It is proven by the low number of couples whose marriage certificates have been issued and are legal in the eyes of the Law. The following data for itsbat marriage for the last two years, 2020-2021, are as follows: 20 The lack of Itsbat marriage numbers is inversely proportional to the high number of marriages in Kutorejo village because the village does not facilitate and socialize the importance of marriage registration and the common understanding of its citizens of the negative impact on marriage under their hands. 21 Different circumstances of the Itsbat marriage phenomenon in Kelilik village have the most data over the past two years in the submission of marriage itsbat because of the Kelilik Village Chairman program that encourages and facilitates sirri actors to legalize their marriage. 22

Views of the Kutorejo Village Community on the Legality of Marriage through Itsbat Marriage
Examining the results of interviews with village communities, both perpetrators of unregistered marriages and the general public are of the view that marriage registration is an absolute thing to be fulfilled in order to obtain legal certainty over marriages that have been carried out as regulated in the Law on Compilation of Islamic Law Article 7 paragraph 2 which explained that every marriage that a marriage certificate cannot prove could be submitted for its marriage certificate to the Religious Court. 23 In this regard, the community also views Itsbat marriage as a solution to pursue their marriage rights. 24 Based on interviews that have been carried out in the field, some people have submitted their marriage certificates, and some have problems submitting them. This is because several requirements and documents cannot be fulfilled, such as in the case of sister Mimi. She is constrained by the absence of her husband's divorce certificate and does not understand how to apply for a divorce certificate. 25 According to the law, sisters Mona, Anita and David have not yet tried to legalize it because they are constrained by the age that has not reached the minimum age for marriage. 26 This is different from the case of Irawan's brother, who has submitted his marriage certificate to the Religious Court because of the administrative completeness that Irawan's brother has. In what Irawan said, the marriage itsbat program helped make his marriage legally binding, making it easier for him to get administrative rights. He believes that he can get the right of marriage because his marriage which was carried out in 1980, did not violate the syara's rules or the rule of law. 27 Compilation of Islamic Law Article 7 paragraph 3, which strengthens the reason for the submission of itsbat Mimi's sister, in the interview, also said that it is essential to pursue Itsbat marriage because Itsbat marriage is a solution to get her marriage rights, such as inheritance rights and gonogini property rights. 29 However, he said that the administration in Indonesia is now rigorous. The lack of a marriage registration file that caused him to carry out a sirri marriage, namely the absence of a divorce certificate for the groom who is a divorced widower as is the procedure in the marriage registration procedure at KUA according to Law no. 1 of 1974 in the primary requirement that a widow or widower must include a divorce certificate or death certificate (N6). 30 Suppose Mona's brother said that the legality of marriage by registering his sirri marriage is an important and urgent matter. He plans to file for marriage legalization when he reaches 19 years. However, he did not understand how to register his sirri marriage registration because he married at an early age. As the law stipulates, the minimum age to get married is 19 years old. 31 For him, the legalization of marriage is necessary to support their children's rights in the future. He hopes that his son can have a birth certificate with a legal marriage so that his rights as a citizen can be obtained. However, the 28 See the Compilation of Islamic Law Article 7 paragraph 3 point 5 regarding matters that are allowed to be submitted for itsbat marriage to the Religious Courts, namely marriages carried out by those who do not have marriage barriers according to Law no. The phenomenon of sirri marriage that occurred in Kutorejo village violated religious law and state law. Although the sirri marriage that occurs fulfils the pillars of marriage according to religion, it does not fulfil two elements of benefit, namely taking benefits and avoiding harm. Sirri marriage will only benefit, but the harm will be even more significant in a legal country like Indonesia.
The law of fiqh is changing according to changes in place and time according to the rules of fiqh. 36 Meaning: The law changes according to changes in place and time In the case of the validity of a marriage, a valid marriage today will be different from being legal in the days of classical fiqh scholars. If classical fiqh scholars have never discussed the importance of registering marriages, the four pillars of marriage, namely the prospective bride, marriage guardian, two witnesses and the ijab Kabul, have fulfilled the validity of a marriage. With these four pillars of marriage, public marriage in the salafu as-shalih era has benefited from taking the benefits of marriage and avoiding harm.
However, if the four pillars of marriage are applied to a legal state like Indonesia, it is not enough to achieve a valid marriage. It is necessary to have a marriage registration to prove the marriage is legally and religiously valid. The reason is that marriage registration will prevent society from harm and protect two from Adhoruriyyatu-l-Koms, namely Hifdzu-d-Din and Hifdzu-n-Nashl.
In a state of law, the wife's status from unregistered marriages is invalid as Article 6 paragraph 2 of the KHI also states that marriages carried out outside the supervision of the Marriage Registrar have no legal force; article 4 of the KHI states that marriage is legal if it is carried out according to Islamic law following Article 2 paragraph 1 of Law no. 1 of 1974 concerning marriage was then strengthened by Article 2 paragraph 2 which states that marriages must be recorded. Likewise, children born from sirri marriages will be equated with the status of children born out of wedlock. They will only have a civil relationship with their mother as Law no. 1 of 1974 concerning marriage; article 43 paragraph 1 states that children born out of wedlock will only have a civil relationship with their mother and their mother's family. 37 Access to public service administration will also be hampered, such as ownership of family cards, birth certificates, and BPJS cards as in Law no. 23 of 2006 concerning population administration article 3, which states that every citizen is obliged to report population events and other significant events to support the requirements for population data at the civil registry office. 38 Ownership rights to inheritance rights will not be obtained by sirri's wife if there is a property dispute in the future because the marriage is not legally valid. The negative impact of not registering a marriage is more significant than the benefits when viewed from the reasons above. So as in the rules of fiqh. 39 Meaning: avoiding harm takes precedence over taking advantage. 37 See Law no. 1 of 1974 concerning Marriage, article 42 paragraph 1 which reads:, "anak anak yang sah adalah anak anak yang dilahirkan dalam atau sebagai akibat perkawinan yang sah" which the meaning is Legal children are children born in or as a result of a legal marriage. See also article 43 paragraph 1 which states that "anak yang dilahirkan di luar perkawinan hanya memiliki hubungan perdata dengan ibunya dan keluarga ibunya" which the meaning is Children born out of wedlock only have a civil relationship with their mother and their mother's family 38 See Law no. 23 of 2006 concerning Population Administration article 3 which reads, "Setiap Penduduk wajib melaporkan peristiwa kependudukan dan peristiwa penting yang dialaminya kepada Instansi Pelaksana dengan memenuhi persyaratan yang diperlukan dalam pendaftaran penduduk dan pencatatan sipil". Which the meaning is Every resident is obliged to report population events and important events they experience to the Implementing Agency by fulfilling the requirements needed for population registration and civil registration. Efforts to register marriages are also part of Saddu-dz-Dzari'ah, intermediaries to close the way for harm. Marriage registration will be an intermediary to avoid losses obtained by the child and wife in the future. 40 There needs to be an action to get legalization either through the marriage itsbat program or remarriage at the KUA. However, the interview facts illustrate that the marriage itsbat is very foreign to them. This is because there is no socialization among village officials about the marriage itsbat program, and it does not encourage the legalization of marriage. Hence, their knowledge of the terms, procedures and procedures for legalizing marriage is unknown. This is different from the situation in Kelilik village in the last two years with village programs in encouraging, supporting and facilitating the legalization of sirri marriages either through itsbat marriage or remarriage at the KUA.
In terms of public understanding of the legality of marriage through itsbat marriage, it can be specified that the professional informants who work as farmers and traders do not know at all about the Itsbat marriage program due to limited information in their environment. They only rely on the traditions and habits of the village community in legalizing marriage, namely remarriage at the KUA. 41 People with civil servant professions, employees and lecturers know about the itsbat marriage program at a glance without knowing more about the requirements, procedures and bureaucratic flows. They think that legalization can take the path of itsbat marriage and remarriage. If it is specified by level of education, most Kutorejo villagers have high school graduates. All said that they did not know about the itsbat marriage program except for those who played the role of village officials. Village officials only know superficially about the itsbat marriage program without in-depth knowledge of itsbat marriage. Suppose the educational community is at levels 1, 2 and 3. In that case, some of them are aware of the itsbat marriage program, and some do 40 44 However, suppose the sirri marriage does not meet the pillars and legal requirements of a marriage. The marriage certificate cannot be submitted and must register the remarriageremarriage at the local KUA.
After interviewing several Kutorejo villagers, Irawan's brother, who had legalized Marriage, was not recorded. Brother Irawan personally went to the KUA and the Religious Courts offices with the NTR letter and witnesses from his previous Marriage. There is no contribution from any party in assisting the process.
Judging from the case of Mimi's brother, the solution to the problem is to request a certificate of divorce from the local Religious Court so that the itsbat marriage can be submitted. According to witnesses, their Marriage met the pillars and conditions for a valid Islamic marriage. If we examine the case of sister Mona, the pillars and conditions for a valid marriage according to religion and law are not fulfilled because the Marriage took place when she was 17 years old and pregnant with her first child, while the iddah of a pregnant woman is until she gives birth. It is very likely that if he submits a marriage certificate, it will be rejected by the Religious Court and transferred to a remarriageremarriage at the KUA. It is different from the case of brothers David and Anita Putri that their Marriage fulfils the legal requirements and the pillars of Marriage according to religion but does not meet the general minimum requirements for Marriage in Indonesian law. They did not apply for a marriage dispensation to the Religious Court, so the sirri marriage took place when they were 17 years old. His application for itsbat marriage will likely be rejected and is held fulfill the requirements and pillars of marriage according to Islamic law and the marriage does not violate the marriage prohibition regulated in Article 8 to Article 10 of Law no. 1 of 1974 concerning marriage"