CRIMINAL SANCTIONS OF SIRRI MARRIAGE BASED ON DRIVING FACTORS AND ITS FORMS MASLAHAH MURSALAH PERSPECTIVE (Case Study in Banaran Village)

Abstract

Marriage Law Number 1 of 1974 pasal two mention thatevery marriage must be registered. But in practice not a few Indonesian people who do marriages without being registered.This study wants to answer how the formulation of criminal sanctions for unregistered marriage based on the driving factors and forms of unregistered marriage from the perspective of maslahah mursalah, a case study in Banaran Village, Tembarak District, Temanggung Regency.The method used is field research.From this study, it was found that the crime of sirri marriage is a criminal offense. The criminal sanctions for unregistered marriages based on the driving factors and forms of unregistered marriages with the maslahah mursalah approach produce two legal sanctions, namely severe criminal sanctions and minor criminal sanctions. Sirri marriages that occurred in Banaran Village based on the driving factors and the form of sirri marriages that occurred received light criminal sanctions because the conditions and pillars of marriage were met and only administrative violations.