Validity Analysis on Polahi Tribe Incest in Gorontalo Based on Law of Marriage Number 1 of 1974

DOI

10.2991/assehr.k.201209.137How to use a DOI?

Keywords

Incest Marriage, Marriage Law, Child

Abstract

In this thesis, the author raises the issue of incest marriage in the Polahi tribe based on Law Number 1 of 1974 concerning Marriage. The problem in this thesis is to analyze the validity of incest marriage in the Polahi tribe based on the Marriage Law. Inbreeding is a taboo thing to do, especially in Indonesia, but at the present time inbreeding is a common thing to do marked by the number of incest marriages that occur. There are national laws and religious laws that forbid incest marriage. However, the number of incest marriages that occur makes the rules and reality not in line, this results in incest marriages that are declared null and void by law which means the relationship is null and void by itself because it has violated Islamic law or the established laws, in accordance with what regulated in Article 22 of the Marriage Law states that marriages that do not meet marital conditions can be canceled that is also strengthened by Article 37 Government Regulation Number 9 of 1975 concerning the Implementation of Marriage Law. Regarding children resulting from inbreeding, it is stated that the child outside of marriage or illegitimate child, and regarding the inheritance of the child outside marriage, only has a civilization that raises rights and obligations and inherits from his mother and does not have a civil status with his father.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Jeane Neltje Sally
AU  - Vanessa Joe
PY  - 2020
DA  - 2020/12/12
TI  - Validity Analysis on Polahi Tribe Incest in Gorontalo Based on Law of Marriage Number 1 of 1974
BT  - Proceedings of the 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)
PB  - Atlantis Press
SP  - 863
EP  - 869
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201209.137
DO  - 10.2991/assehr.k.201209.137
ID  - Sally2020
ER  -