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1. Marrge based on bw/ civil code & law no.

1 year 1974
a. Requirements of marriage :
Article 6
- (1)Marriage is based on the consent of both prospective brides
- (2) To carry out the marriage of a person who has not reached the age of 21 (twenty
one) year must get permission from both parents.
- (3) In the event that one of the two parents dies or is not able to express his will, then
the permit referred to in paragraph (2) of this article is sufficient obtained from living
parents or from parents who are able to express his will.
- (4) in the event that both parents have passed away or are in a state of inadequacy to
express his will, permission is obtained from the guardian of the person who maintains
it or family that has blood relations in a straight line up as long as they are alive and in a
state of expressing their will.
- (5) In case there are differences between the people referred to in paragraph (2), (3)
- (4) this article, or one or more of them does not express their opinion, then the Court in
the area of residence of the person who will take place marriage at the request of the
person can give permission after first hear the people mentioned in paragraphs (2), (3)
and (4) in this article.
- (6) The provisions in paragraphs (1) to paragraph (5) of this article apply throughout the
law each religion and its beliefs from those concerned are not determine otherwise.

Article 7

- (1) Marriage is only permitted if the male reaches the age of 19 (nineteen) years and the
woman has reached the age of 16 (sixteen) years.
- (2) In the event that deviations in paragraph (1) of this article can request dispensation
to Courts or other officials requested by both parents of men or parties woman.
- (3) Provisions regarding the condition of one or both parents
- (4) Article 6 paragraph (3) and (4) of this Law, also applies to dispensation requests
paragraph (2) of this article without prejudice to what is meant in article 6 paragraph

Article 8

- Marriage is prohibited between two persons:

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- a. relate blood in lineage straight down or above;
- b. relate to blood in the sideline line between brother,
- between a person and a brother and between a person and a
- his grandmother;
- c. relating to semenda, namely father-in-law, stepchildren, son-in-law and stepmother;
- d. relates to the susceptible, nipple, sibling and aunt / uncle;
- e. relate to a relative with a wife or as aunt or a nephew of a wife,
- in the case of a married couple more than one;
- f. which has a relationship that is governed by his religion or other applicable regulations
- prohibited marriage.

Article 9

- A person bound to a marriage with someone else can not marry again, except
- in the case referred to in Article 3 paragraph (2) and in Article 4 of this Law.

Article 10

- If divorced husband and wife marry one another and get divorced again
- for the second time, then among them can not be held marriage anymore,
- throughout the law, each of those religions and beliefs is of the same
- did not specify another.

Article 11

- (1) For a person whose marriage is valid for a waiting period.

- (2) The grace period of the waiting period of paragraph (1) shall be governed by the
- Further government.

Article 12

- The rules of marriage are governed by the rules of law.

b. Cancellation of marriage :

Article 22

- Marriage can be canceled if the parties do not fulfill the conditions for get married.

Article 23

- Who can submit a marriage cancellation, namely:

a. Families in straight up line from husband or wife.
b. Husband or wife.
c. Officials who are authorized only during the marriage have not yet been decided.
d. The appointed official is paragraph (2) Article 16 of this Law and everyone have a
direct legal interest in the marriage, but only after the marriage breaks up.

Article 24

- Whoever is due to marriage is still bound by one of the two sides parties and on the
basis of still having a marriage can file a cancellation new marriage, without reducing
the provisions of Article 3 paragraph (2) and Article 4 This law.
Article 25

- Request for marriage cancellation is submitted to the Court in the jurisdiction where
the marriage takes place in the place of residence of both husband and wife, husband or

Article 26

- (1) Marriage that takes place in front of a marriage registrar who does not authorized,
unauthorized or held marriage guard without 2 (two) attendees witnesses can be asked
to cancel the family in a straight line upward from husband or wife, prosecutor and
husband or wife.
- (2) The right to cancel by the husband or wife is based on the reasons in paragraph (1) of
the article this falls if they live together as husband and wife and can showing an
unauthorized marriage certificate and marriage must updated so it's legal. Library:
Peduli Anak Negeri Foundation (YPAN) 6

Article 27

- (1) A husband or wife can apply for a marriage cancellation if the marriage is carried out
under a threat that violates the law.
- (2) A husband or wife can apply for marriage cancellation if at the time of the marriage
there is a misunderstanding regarding the husband's self or wife.
- (3) If the threat has stopped, or the guilty suspect has realized the situation, and within
6 (six) months after that it is still alive as husband and wife, and do not use their rights
to submit applications cancellation, the right will be void.

Article 28

- (1) The cancellation of a marriage begins after the decision of the Court has legal force
that remains and applies since the marriage takes place.
- (2) Decisions do not apply retroactively to:
a. children born from the marriage;
b. husband or wife who acts in good faith, except for shared assets if the cancellation of
marriage is based on the existence of another marriage first.
c. Other third people are included in a and b as long as they have rights in good faith
before the decision on cancellation has power permanent law.
c. Prevention of marriage :
Article 13
- Marriage can be prevented if someone does not meet the requirements for
- to marry.

Article 14
- (1) Which can prevent marriage is the family in a straight line up and down, brother,
guardian of marriage, guardian of one of the candidates the bride and the party.
- (2) Those mentioned in paragraph (1) of this article shall also be entitled to prevent the
occurrence marriage if one of the prospective bride is under the abilities, so that that
marriage is a real cause of misery another bride, who has relationships with people like
that mentioned in paragraph (1) of this article.
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Article 15

- Whoever because of his marriage is still bound to one of the two party parties and on
the basis of still marriage, can prevent marriage new without prejudice to the provisions
of article 3 paragraph (2) and article 4 of this Law.

Article 16

- (1) The designated officer shall be obliged to prevent marriages if the provisions of
Article 7 paragraph (1), Article 8, Article 9, Article 10, and Article 12 This law is not

Article 17

- (1) Prevention of marriage is submitted to the Court in the jurisdiction where the
marriage will be carried out by informing the officer of the recorder marriage.
- (2) To prospective brides be informed of a preventative application the marriage
referred to in paragraph (1) of this article by the birth registration officer.

Article 18

- Prevention of marriage may be revoked by the Court's verdict or by appealing

- re-appeal to the Court by preventing it.

Article 19

- Marriage can not be held when prevention has not been revoked.

Article 20

- Marriage registry officers are not allowed to carry on or assist to marry if he or she
knows the infringement of the internal provisions
- Article 7 paragraph (1), Article 8, Article 9 <Article 10, and Article 12 of this Law, though
There is no marriage precaution.
d. Termination of marriage :

Article 38

- Marriage can break up because:

a. Dead,
b. Divorce and
c. for the Court's decision.

Article 39

- (1) Divorce can only be carried out in front of the Court Session after the Court
concerned trying and not succeeding in reconciling both parties.
- (2) To do divorce there must be enough reason that between husband and wife will not
be able to get along well as husband and wife.
- (3) Procedures for divorce in front of the court session are regulated in the laws and
regulations that is.

Article 40

- (1) A divorce lawsuit is submitted to the Court.

- (2) The procedure for filing a claim in paragraph (1) of this article is regulated in the
regulation separate legislation.

Article 41

- As a result of the breakup of marriage because of divorce is:

a. Both the mother and father are still obliged to care for and educate their children,
solely based on the interests of the child, whenever there is a dispute regarding mastery
of children, the Court gives a decision.
b. The father is responsible for all maintenance and education costs needed by the child,
when you are in reality unable to give obligations the court can determine that it will
bear the costs.
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- c. Courts can require ex-husbands to provide fees livelihood and / or determine
something obligatory for ex-wives.
2. Marriage based Islamic law/ KHI and Law no. 1 year 1974
a. Requirement of marriage :

Part One

Article 14

- To carry out a marriage there must be:

a. Future husband;
b. Candidates for wives;
c. Guardian of marriage;
d. Two witnesses and;
e. Ijab and Kabul.
The second part

Article 15

- (1) For the benefit of family and household, marriage can only be done by a candidate
the bride who has reached the age specified in article 7 of Law No. 1 year 1974 namely
prospective husbands at least 19 years old and at least 16 years old prospective wife
- (2) For prospective brides who have not reached the age of 21 years must obtain
permission as regulated in article 6 paragraph (2), (3), (4) and (5) Law No.1 of 1974.

Article 16

- (1) Marriage is based on the approval of the bride and groom.

- (2) The form of approval of the prospective bride, can be in the form of a firm and
concrete statement with writing, oral or gesture but can also be silent in the sense as
long as there is no rejection assertive.

Article 17

- (1) Before the marriage of the Registrar of Employees, the marriage takes place in
advance approval of prospective brides in the presence of two witnesses to marriage.
- (2) If it turns out that the marriage is not approved by one of the prospective brides,
then the marriage cannot be held.
- (3) For prospective brides suffering from speech impairment or hearing impaired
consent can be stated with writings or gestures that are understandable.

Article 18

- For prospective husbands and prospective wives who will get married there are no
obstacles marriage as regulated in

Part Three

Article 19

- The marriage guardian in marriage is harmonious that must be fulfilled for the
prospective bride who acted to marry him off

Article 20

- (1) Those who act as guardians of marriage are a man who fulfills the requirements of
Islamic law namely Muslim, aqil and baligh.
- (2) Marriage guardians consist of:
a. Guardian nasab;
b. Guardian judge.
Article 21

- (1) The guardian of the Nasab consists of four groups in the rank order, one group other
groups take precedence in accordance with whether or not the arrangement of kinship
with the candidate bride.
First, a straight line of male relatives is father, father's grandfather etc.
Secondly, relatives of siblings or brothers and sisters, and their male offspring.
Third, the uncle's relatives, namely the biological brothers of the father, brothers and
sisters and their male offspring.
Fourth, the group of siblings, grandparents, brothers and sisters, and descendants their
- (2) If in a group of guardians of marriage there are several people who are equally
entitled become a guardian, then the most entitled to be a guardian is the one who is
closer to the degree kinship with the prospective bride.
- (3) If in one group the same degree of kinship is the most entitled to become a guardian
marriage is the biological friend of a relative who is a relative.
- (4) If in one group, the degree of kinship is the same namely the same biological degree
or together with fellow relatives, they are both entitled to become guardians of
marriage, with prioritize those who are older and fulfill the conditions of the guardian.

Article 22

- If the guardian of the marriage is the most entitled, the order does not qualify as a
marriage guardian or because the marriage guardian is mentally disabled, deaf or udzur,
then the right to be a guardian shifted to another guardian of marriage who followed
the next degree.

Article 23

- (1) The new guardian of the judge can act as the guardian of the marriage if the
guardian is absent or not may present it or it is unknown where it lives or is occult or ill
or reluctant.
- (2) In the event that the guardian is adulterous or reluctant, the guardian of the new
judge can act as the guardian of the marriage after a religious court ruling about the

Part Four

Article 24

- (1) Witnesses in marriage are the pillars of the marriage contract implementation.
- (2) Every marriage must be witnessed by two witnesses

Article 25
- Those who can be appointed as witnesses in a marriage contract are Muslim men, just,
aqil baligh, undisturbed and not deaf or deaf.

Article 26

- The witness must be present and witness firsthand the marriage certificate and sign the
Deed Marriage at the time and place of the marriage contract is held.

Part Five

Article 27

- Ijab and the relationship between the guardian and the prospective bridegroom must be
clear streak and not intermittent time.

Article 28

- The marriage contract is carried out privately by the relevant marriage guardian.
Guardian of marriage represent to others.

Article 29

- (1) The person who has the right to pronounce cabal is the prospective bridegroom
- (2) In certain cases the recitation of marriage can be represented by another man with
provisions the prospective bridegroom gives express authorization in writing that the
deputy representative is above the marriage contract is for the groom.
- (3) In the case of the prospective bride or guardian's objection the prospective
bridegroom is represented, the contract marriage must not take place.
b. Cancellation of marriage :
Article 39
- Marriage is prohibited between a man and a woman due to:
- (1) Because of nasab ties:
a. with a woman who gives birth or who descends her or her offspring;
b. with a woman of father or mother descent;
c. with a woman who gave birth to her
- (2) Due to the connection of a fine relative:
a. with a woman who gave birth to his wife or ex-wife;
b. with a woman who is the wife of the person who sent her down;
c. with a woman descended from his wife or former wife, except for the breakup of the
relationship the marriage with his ex-wife was qobla al dukhul;
d. with a woman of her descendant's wife.
- (3) Because of relationship:
a. with women who breastfeed and so on in a straight line up;
b. with a woman in a row and so on in a straight line down;
c. with a sister woman in a fellowship, and hereditary downward descent;
d. with an auntie woman and her aunt's grandmother upstairs;
e. with children who are breastfed by their wives and offspring.

Article 40

- Marriage is prohibited between a man and a woman because of circumstances certain:

a. because the woman in question is still tied to one marriage with another man;
b. a woman who is still in iddah time with another man;
c. a woman who is not Muslim.

Article 41

- (1) A man is prohibited from combining his wife with a woman who has a relationship
nasab or companionship with his wife;
a. siblings, parents or a descendant or descendant;
b. woman with her aunt or nephew.
- (2) The prohibition in paragraph (1) remains valid even though his wives have been
accused by raj`i, but still in the iddah period.

Article 42

- A man is prohibited from having a marriage with a woman if he is while having 4 (four)
four-fourth wives who are still bound by a marriage string or still in iddah talak raj`i or
one of them is still tied to the marriage rope while the others are in the period of iddah
talak raj`i.

Article 43

- (1) Marriage is prohibited between a man:

a. with a woman whose ex-wife was cut three times;
b. with a woman whose ex-wife was divorced.
- (2) The prohibition in paragraph (1) letter a. fall, if the former wife has married a man
others, then the marriage is broken up and the time has expired.
Article 44
- A Muslim woman is prohibited from carrying out a marriage with a man who does not
c. Prevention of marriage :

Article 60

- (1) Prevention of marriage to avoid marriage that must be avoided Islam and Legislation.
- (2) Marriage prevention can be carried out if the prospective husband or prospective
wife will holding a marriage does not meet the requirements for marriage
- according to Islamic law and statutory regulations.
Article 61
- It cannot be used as an excuse to prevent marriage, unless it cannot be sekufu because
of religious differences or ikhtilaafu al dien.
Article 62
- (1) Those who can prevent marriage with family in a straight line straight down, brother,
guardian, guardian of one of the bride and groom invited parties
- (2) The biological father who is not an executor does not have the right to function as
the head of the family its integrity to prevent marriage which will be carried out by
another marriage guardian.
Article 63
- Marriage prevention can be done by a husband or wife who is still approved in marriage
in marriage with a prospective wife or prospective husband who will get married.
Article 64
- The appointed official to decide on the marriage is obliged to cancel the marriage if
harmony and marital conditions are not fulfilled.
Article 65
- (1) Marriage prevention is submitted to the Religious Court in the area where the Law is
the marriage will take place with the approval of the Marriage Registrar.
- (2) The bride and groom are notified of the marriage request It is expected in paragraph
(1) by the Marriage Registrar Officer.
Article 66
- Marriage cannot be held, but canceled is not revoked.
Article 67
- Marriage prevention can be withdrawn attractively Religious Courts that prevent or
disband the Religious Courts.
Article 68
- Marriage Registrar employees are not permitted to carry out or assist in holding
marriage if he is aware of the provisions of article 7 paragraph (1), article 8, article 9,
- Article 10 or Article 12 of Law No. 1 of 1974 even though there is no rejection
d. Termination of marriage :

Article 70

- Marriage approves: The husband is married, while he has no right to do the marriage
contract because he has
- has four people from one of the four in iddah talak raj`i;
b. someone married his ex-wife who had been divorced;
c. someone married his ex-wife who had been sent three times by divorce, except when
used this wife was married to another man then divorced again and again al dukhul and
man this and has expired the period;
- marriage is carried out between two people who have blood relations; fine and
according to certain degrees that determine marriage according to article 8 of the Law
- No.1 of 1974, namely:
related to blood in a line straight down or up.
relating blood in a line deviating between siblings, between one person with old
brothers and between old brothers.
relating to the fine, namely in-laws, stepchildren, daughter-in-law and mother or
relating to the encounter, namely parents of parents, children of a parent and aunt or
uncle frivolous.
- the wife is a sibling or an aunt or niece and his wife or wives.
Article 71
- An agreement:
a husband commits polygamy without the permission of the Religious Court;
b. Women who were married turned out to be still other women who mafqud.
c. women who were married were still in iddah and other husbands;
a marriage that is over the age of 7 years
- Law No.1. 1974;
marriage is held without guardian or carried out by unauthorized guardians;
- marriage carried out by force.
Article 72
A husband can ask permission to cancel a marriage
- marriage takes place
A husband can request permission to cancel marriage is agreed upon the time that took
- wife Faces have been stopped, or those who failed to think they were captured and in
condition the period of 6 (six) months after that is still alive as a husband and wife, and
cannot use the right to agree to approve the cancellation, the right is void.
Article 73
- Those who can request a marriage cancellation request are:
families in straight up and down lines from husband or wife;
b. Husband or wife;
c. Officials who approve the implementation of marriage according to the Law.
d. interested parties who know the existence of defects in harmony and requirements
- marriage according to Islamic law and inviting legislation in article 67.

3. Inheritance
a. - Testamentair : This heir is based on a will, namely in article 874 BW, each person who is
legally given a will by a testator, consisting of a testamentair erfgenaam, namely an heir who
has a testament containing an erfelling (designation of one or several heirs to obtain all or
part of the assets) inheritance); legataris, namely heirs because they get a will which refers
to someone to get the right to one or several types of inheritance, the right to all certain
types of objects, the right to collect results from all or part of the inheritance. Thus, there
are thus three grounds for becoming an heir, that is, heirs on the basis of blood relations
with the heir, the heirs of the marriage relationship with the heir, heirs on the basis of a will.
- Abintestato : This heir is based on blood relations with the heir or blood relatives. This heir
consists of 4 groups. Group I, consisting of children, husband (widower) and wife (widow) of
the heir; Group II, consisting of father, mother (parents), brothers and sisters of the pewris;
Group III, consisting of a family of fathers or mothers straight up (such as, grandfather,
grandmother, either the line or the pancer of the father or mother) of the heir; Group IV,
consists of relatives from the side pancer (like, uncle, aunt).

b. - The first group, the family in the straight line down, covers the children and their offspring
and the abandoned husband / wife / or the longest living. The abandoned husband / wife
has long been recognized as an heir in 1935, whereas the previous spouses did not inherit;
-The second group, the family in a straight line up, includes parents and brothers, both men
and women, and their offspring. For parents there is a special rule that guarantees that their
share will not be less than ¼ (one quarter) part of the heritage property, even if they are
inherited by the heirs;
-The third group, including the grandfather, grandmother, and the next upward ancestor of
the heir;
-The fourth group includes extended family members and other relatives to the sixth
4. Distribution of heirs to C1 and C2) so then :
H(p) W C1 = ¾ x ½ = 3/8 parts

C2= ¾ x ½ = 3/8 parts

C1 C2(P)
It is evident that part W2 does not cover parts
G1 G2 G3 C1and C2, namely:
Explanation: W2 = 2/8; C1 and C2 = 3/8
H(p) : husband (passed away) c.
W : wife F M

C : children C1(p) C2

Explanation :
G : grandchildren

W = 1/3 part F: father

C1= 1/3 part M: mother

C2 = 1/3 part (which is distributed to D, E & F C : children

(Pancang demi pancang), then: F = 1/3 parts
G1= 1/9 M = 1/3 parts
G2=1/9 C2 = 1/3 parts
G3= 1/9 d.

b. C1 C2 C3
W1 H(p) W2
Explanation :
C1 C2
F: father
H(p) : husband (passed away)
M: mother
W : wife
C : children
C : children
F = ¼ section
W2= ¼ (The rest of part A will be shared with C1 M = ¼ section
and C2, i.e.as big as 1 - ¼ = ¾ section. This C2 & c3 will get the remaining portion of F & M,
remaining part will be shared equally namely:
C2 & 3 = 1 - (¼ + ¼)
= 1 - 1/2
= ½ Section
C 2= 1/2 x ½ = ¼ part
C3 = ½ x ½ = ¼ part