
KRIMINALISASI SOSIOLOGIS NIKAH SIRI
Author(s) -
Iwan Zaenul Fuad,
Agus Fakhrina,
Abdul Azis,
Ahmad Rosyid
Publication year - 2012
Publication title -
jurnal penelitian/jurnal penelitian
Language(s) - English
Resource type - Journals
eISSN - 2541-6944
pISSN - 1829-9903
DOI - 10.28918/jupe.v8i1.40
Subject(s) - criminalization , sociology , law , criminology , law and economics , political science
However, Nikah Siri (unregistered marital) has been seen asa part of the social behavior, and lived in Indonesian society. Thisbehavior often impact living condition of social structure. In anotherside, this social problem must be fixed with appropriate law-makingsystem. The Act Plan of “Hukum Peradilan Agama Bidang Perkawinan”(RUU HPABP) was noted in commitment to criminalize the behavior.Some sounds of pro and anti toward this Act Plan nowadays, makethis issues more interesting be reseacrhed. Applying symbolicinteractionism approach and labelling theory, this study examined thecriminalization issues on the Act Plan in social framework. The frameworkis critical to assume the effectiveness of law making processbased on people participation. This research took place in PekalonganDistrict (the City and Regency of Pekalongan), which is noted for the‘hidden’ large number of nikah siri practices. Results of the study revealedthe social criminalization of Nikah Siri akin to kinds of people’sperception toward the behavior. The hidden types of Nikah Siri(hidden from people’s knowledge) had an effect on social constructionto criminalize the behavior, but not the open one