PROBLEMATIKA PERNIKAHAN LIAR DALAM TINJAUAN SOSIOLOGI HUKUM

Abstract

Indonesian Constitution No. 1, 1974 about the marriage has explained that a legal marriage is done by the law of each religion, and also every marriage must be recorded or written officially based on the current regulations. However, the reality in the community, there still occur various cases or issues of marriage that out of religion rules, state or even both of them. The marriage against the rules is said by unofficial marriage. This paper will explain these problems through the sociology of law review, because the law or rules born from a community is closely related to the value system believed by a particular society.

The conclusion of this paper is: first, unofficial marriage is a form of behavior of disobedience of society members to the law. Secondly, disobedience is due to differences in the system of legal values and norms believed, which is caused by the absence of transformation of legal values and norms against society members or because they do not accept these legal values and norms. Third, disobedienceis also caused by social changes that affects toward the change of legal values and norms.