基于1974年第1号婚姻法对哥伦塔洛波拉希部落乱伦的效度分析

Jeane Neltje Sally, V. Joe
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摘要

在这篇论文中,作者根据1974年关于婚姻的第1号法律提出了波拉希部落的乱伦婚姻问题。本文的问题是基于《婚姻法》来分析波拉希部落乱伦婚姻的有效性。近亲繁殖是一件禁忌的事情,特别是在印度尼西亚,但在目前近亲繁殖是一件很常见的事情,标志着乱伦婚姻的发生。国家法律和宗教法律都禁止乱伦婚姻。然而,乱伦婚姻的数量使得规则和现实不一致,这导致乱伦婚姻被法律宣布无效,这意味着这种关系本身是无效的,因为它违反了伊斯兰法或既定法律,根据《婚姻法》第22条规定,不符合婚姻条件的婚姻可以取消,1975年《婚姻法实施条例》第9号条例第37条也加强了这一规定。关于近亲繁殖所生的子女,规定婚外子女或私生子,关于婚外子女的继承,只具有提出权利和义务的文明,从母亲那里继承,而不具有与父亲的公民地位。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Validity Analysis on Polahi Tribe Incest in Gorontalo Based on Law of Marriage Number 1 of 1974
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.
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