KRIMINALISASI SOSIOLOGIS NIKAH SIRI

Sari

However, Nikah Siri (unregistered marital) has been seen as
a part of the social behavior, and lived in Indonesian society. This
behavior often impact living condition of social structure. In another
side, this social problem must be fixed with appropriate law-making
system. 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, make
this issues more interesting be reseacrhed. Applying symbolic
interactionism approach and labelling theory, this study examined the
criminalization issues on the Act Plan in social framework. The framework
is critical to assume the effectiveness of law making process
based on people participation. This research took place in Pekalongan
District (the City and Regency of Pekalongan), which is noted for the
‘hidden’ large number of nikah siri practices. Results of the study revealed
the social criminalization of Nikah Siri akin to kinds of people’s
perception toward the behavior. The hidden types of Nikah Siri
(hidden from people’s knowledge) had an effect on social construction
to criminalize the behavior, but not the open one