婚姻法视角下在荷兰生活的印尼公民的婚姻问题

Abdul Wahab, F. Fakhruddin, Mustolehudin Mustolehudin
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引用次数: 0

摘要

本研究报告描述了居住在荷兰的印度尼西亚公民结婚登记的过程和问题。通过定性方法,这项研究发现,印度尼西亚共和国驻该国大使馆记录了在海牙的穆斯林印度尼西亚新娘和新郎的婚姻情况。如果新娘和新郎能够提供结婚条件,在大使馆提供结婚服务的过程是简单和容易的。另一方面,大使馆无法记录跨国婚姻;然而,这些混血婚姻可能会记录在Gemeente或该国地方当局的办公室。此外,本研究还发现,在荷兰的几名印度尼西亚公民决定选择伊斯兰婚姻或基于宗教的婚姻,因此他们既没有在大使馆也没有在Gemeente登记他们的婚姻。sirri婚姻之所以被选中,是因为新娘和新郎没有有效的行政要求。这些新娘和新郎通常登记为生活伴侣。在社会方面,同性婚姻没有负面影响,因为双方仍然有政府提供的社会保障;因此,公民、社会和经济权利没有受到限制。此外,本研究发现,荷兰混合婚姻的配偶遇到了法律冲突,其中《婚姻法》承认举行婚姻的国家的法律,但也敦促单一信仰的婚姻。在此基础上,本研究要建议重建印度尼西亚的婚姻法,承认在其他国家合法进行的婚姻记录。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
MARRIAGE PROBLEMS OF INDONESIAN CITIZENS LIVING IN THE NETHERLANDS UNDER THE PERSPECTIVE OF MARRIAGE LAW
The present study described the process and the problems of marriage registration for Indonesian citizens who live in the Netherlands. Through qualitative approach, the study found that the marriage for Indonesian brides and grooms who are Muslim in Den Haag had been recorded by the Embassy of the Republic of Indonesia in the country. The process of delivering marriage service in the Embassy had been simple and easy if the bride and grooms were able to provide the marriage requirements. On the other hand, mixed-marriages were unable to be recorded in the Embassy; however, these mixed-marriages might be recorded in Gemeente or the office of local authority on the country. In addition, the present study also found that several Indonesian citizens in the Netherlands had decided to opt for sirri marriage or religion-based marriage and thus they did not record their marriage in either the Embassy or the Gemeente. The sirri marriage had been selected because the brides and the grooms did not have valid administrative requirements. These brides and grooms usually registered themselves as life partners. Socially, sirri marriage did not have negative impacts because the partners still had social security provided by the government; as a result, civil, social, and economic rights had not been limited. Furthermore, the present study found that the spouses of mixed-marriages in the Netherlands encountered conflict of laws in which the Marriage Law admitted the law of the state in which the marriage had been held but also urged the single-faith marriage. On that basis, the present study would like to recommend reconstruction of marriage law in Indonesia, by recognizing the marriage record that has been legally carried out in other country.
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