Understanding the Rights of Wife in The Law Number 1 of 1974 About Marriage Among the Terrorist Wives in Central Java

Abstract

AbstractThe terrorist or ex-terrorist wives in Solo have experienced diverse conditions after their husband officially becomes a terrorist prisoner who has been lived in jail. The Rights of Wife in Law No. 1 of 1974 about Marriage among terrorist wives in Solo have sharpened the analysis on how their level of perception of the wife’s rights that regulated by Law No. 10 of 1974. This study aims to reveal the reality of cases that took place with terrorist wives related to the fulfillment of their rights as a wife regulated by law, and to categorize their marital status related to the validity in a positive law (whether the marriage is registered or not in The Office of Religious Affairs (KUA)). Besides, this paper also wants to explore the terrorist wives' understanding who are legally married in KUA regarding their rights which are highly protected by the law. This research uses a qualitative method which aimed to find concepts and theories, and library research by applying the empirical or sociological legal approach. Data sources used are Primary Data, namely the terrorist prisoner’s wives in Solo, and secondary data from the Marriage Law (Law No. 1 of 1974), Compilation of Islamic Law (KHI), books, journals, articles, views of legal experts, and the results of other paper and writings related to the problems that become the subject in this research discussion. The descriptive data analysis method aims to figure out systematically, factually and accurately the facts about the understanding of terrorist wives related to their rights in the Marriage Law (Law No. 1 of 1974). After analyzing and interpreting the existing data, it can be concluded that the terrorist prisoner wives in Central Java have a fairly good understanding of their rights as wives regulated in Law No. 1 of 1974. If only there are rights that undermanned by them for the unfulfilled obligations by the husband, then it is caused by their sincerity attitude towards the husband status who becomes a prisoner. The religious doctrine that is strong enough makes the prisoner’s wife do not ask many of her rights, both physical and mental rights that are not well fulfilled. For them, the status of a husband to become a terrorist prisoner is a Shari reason which consequences must be accepted sincerely.Keywords: Understanding, wife's rights, Terrorist Prisoner’s Wives