Legal Discourse on Contract Marriage in Indonesian and Islamic Law

: This study is intended to analyze the contract marriage in Indonesian Legal system and Islamic Law. The method for this study is comparative law approach. This study highlighted that marriage of contracts in Indonesia is difficult to record. Because the marriage of the contract is carried out in addition to not being recorded by formal judicial is not regulated in any regulation so it can be said that the marriage contract in Indonesia is not recognized and does not apply the law. Also, in Islamic law also does not allow the existence of contract marriage is based on the words of the Prophet Muhammad SAW. The marriage of the contract also has many consequences to the wife and the offspring of the marriage of the contract.


I. INTRODUCTION
Humans are created paired pair in accordance with the life partner that has been determined by the creator. Couples between women and men were created to shoot together. Life together between men and women terebut not always related to matters of spiritual or biological needs, but also for the needs of the body also because people live in society. 1 Marriage is a mental bond between a man and a woman as husband and wife in order to form a happy and eternal family (household) based on the One Godhead.
As a birth bond, marriage is a legal relationship between a man and a woman to live together as a husband and wife. This birth bond is a formal relationship that is real, that is good for the mengattkan himself and for others or society. This birth bonding occurs with the marriage ceremony of the ceremony akad marriage for the religion of Islam. As an inner bond, marriage is a connection of the soul that exists because of the same willingness and sincerity between a man and a woman to live together as husband and wife. In the early stages, this inner bond is initiated and marked by the approval of the prospective bride to marry. Furthermore, in life together this mental birth bond is reflected from the existence of harmony husband and The practice of contract marriage can be found in Jepara (Central Java), East Java, Bogor Peak (West Java) and Singkawang (West Kalimantan). 3 Contract marriage in Islamic law is known as the term mut'ah marriage. In terminology marriage mut'ah is a marriage that is carried out solely to vent the passions and fun or marriage contract that a man does to a woman for a day, a week or a month. 4 This phenomenon lives in some parts of Indonesia, involving local men as brokers (looking for women who are willing to be married on a contract basis), and foreign men such as Middle Eastern men, as well as women. The procedure if the man from the Middle East as a bride has been matched with women who will be married in a cons, then the next marriage. The marriage presents the penghulu and also the witness, but the bb is the broker. That is, in the contract marriage that all the necessary facilities such as location, guardian and witnesses have been prepared in such a way. The principals only agree on time and cost. After the "procession" of the marriage, the bride's parents sign a letter. so that the marriage of the contract has no legal effect and is considered to never happen marriage. The position of the child of the contract marriage is deemed to have no nasab relationship with the father and the Family. Likewise, the position of the wife in the marriage of the contract, the wife can not claim her rights during the marriage as the legal wife. Therefore, if any problems arising during the marriage can not be resolved in the religious court. In addition to the impact on the wife, the result of contract marriage is also felt by the child from the marriage of the contract. Because a child born of a m marriage contract is not recognized by law so as not to get the inheritance from his father.

II. METHODS
The type of research use is normative legal research. In this study focuses on research on legal principles and legislation related to primary and secondary legal material is dictionary encyclopedia and others.
Research on contract marriage that is normative, that is using literature study method. The aim is to obtain a theoretical basis in the form of opinions or writings of experts, as well as to obtain information both in the form of formal provisions and data through existing scripts. 6

INDONESIA & THEIR NEGATIVE IMPACTS
Marriage is a very important institution in society because it can legalize the legal relationship between a man and woman. 7 Indonesia as a country that high values of religion and norms of society is certainly very critical in determining the validity of a marriage.
Although there is no quantitative data and no marriage laws apply in Indonesia, but in fact the marriage contract has been many and growing in Indonesia, especially in industrial areas that involve many foreign investors. Marriage contracts that occur in Indonesia generally occur with various underlying modes. But often marry the contract is done for economic reasons, namely women who marry the contract hoping to get welfare improvement after marriage contract. This is because women who marry the contract usually get some material for the ability to be a contract wife. In the study of Islamic law as well as national law in Indonesia, the differences can be seen from three aspects, namely: Legal, Social and Worship. 8 Marriage of 6 Ronny Hanitijo Soemitro, Metodologi Penelitian Hukum. (Jakarta: Ghalia, 1994). 7  Tourists are visiting Indonesia, there is just a vacation, but not a few who want to enjoy local women for a while. They marry the contract only to seek pleasure for sexual intercourse legally. After three months they returned to their home country. While for Indonesian citizens, especially women believe that women involved in the contract marriage, they do so for economic reasons. Financial problems become the main reason for marriage contract, because in the contract marriage the price is set high enough can reach 5 million rupiah even reach 7 million rupiah. This number can solve some of the economic problems they face.
The longer the time period, the higher the tariff and expensive. This method is considered better than melkukan adultery, because marriage justifies the relationship of husband and wife. 10 The marriage of the contract is not through application, they directly carry out the contract in the women's residence or other place with guardians and witnesses who are all false. Usually the witness is only pretend, but the Arab is also not investigate or ask the truth of it.
Although not dilampukian application, but still use the dowry is usually a sum of cash and no wedding receptions in the marriage contract. After the conclusion of the marriage ceremony, then the woman was brought to the villa in the area Cisarua Puncak, where the Arabs had rented it for this.
The location of the marriage can be in the area of origin of the woman's area is not necessarily at home sometimes going home. this fake marriage can also be done in other areas such as in jakarta or in cisarua depending on the demand of Arab men. Usually the woman will be conveyed by the contact person to the agreed place complete with guardian and witness. In addition to marriage contracts that occurred in Bogor, the phenomenon of contract marriage also occurred in Jepara Central Java, namely contract marriage is used as a means for foreigners who do business in Jepara. Contract marriage is not just the biological or sex needs of foreigners, but also as a way for them to continue and develop their business in Jepara. The practice of contract marriage in Jepara regency raises its own problems, especially with regard to its validity and legal impact. agreed in painting as a statement of will that is agreed between the parties.
2. Skills Skill is the ability to make an agreement. By law, the skills include the authority to take legal action.

V. CONTRACT MARRIAGE UNDER ISLAMIC LAW
Marriage law is an integral part of Islamic shari'ah, which is inseparable from the dimensions of Islamic aqid and morals. On the basis of this marriage law wants to realize marriage among Muslims into marriages that morals because of this marriage that can be expected to have a sacred value to achieve marriage goals that with the objectives of Islamic shari'ah. 14 The purpose of marriage in Islam is to fulfill God's instructions in order to build a harmonious, prosperous and happy family. 15 In addition, to produce and preserve the offspring. Islam considers that marriage is not merely an ordinary civil contract or relationship, but rather that besides civil contract also has dimension aspect of ubudiyah. therefore the nuanced marriage of terms with niali and to reach the household sakinah, mawaddah and warrahmah need to implement perfectly in accordance with the validity of applicable law. 16 In Islamic law a marriage agreement is described in the QS. An-Nisa verse (4). The marriage contract in Islam is known by the term mut'ah marriage which means the marriage is cut off. [16] The marriage Similarly, the breakup of marriage due to divorce resulted in the mother or father nurturing and educating his children, based on the interests of the child. In contract marriages, there are consequences of permissive marriage that are impossible to do.
First, The absence of a living that must be fulfilled by the husband.
Second, there is no inheritance mechanism between husband and wife.

The absence of joint property
A contract wife will not get her right as a wife in which the rights legally include: 1. The wife is not considered a legal wife 2. The wife is not entitled to the livelihood and inheritance of the husband if he dies 3. The wife is not entitled to the property in case of separation, because legally marriage, marriage contract is considered never happened. The rights mentioned above will not be earned by the contract wife, due to marriage which has no legal certainty. A wife will not be able to sue anything against the husband, because it is restricted by contract or agreement that has been made and agreed upon. where the contract or agreement is very detrimental to the women. In addition to the impact on the wife, another effect of contract marriage is on the child who is born of the contractual abuses. Children born from marriages not authorized by birth of the child are also not noted to mean human rights violations. So is the child born of contractuallity contracted as an outsider who has no civil relationship with his father. The child has no right to get the inheritance from his father. In addition, children born of contract marriage also only get a good living in terms of maintenance and education, because the child only has a civil relationship with his mother. While in formal juridical, the father who is his biological father is not responsible for providing for the child.
In addition to the juridical impact, contract marriage also has a sociological impact. The sociological and ideological impacts particularly experienced by contract marriage actors can be traced to the existence of changes to their social interactions and value systems.
Social interaction is a dynamic social relationship involving relationships between individuals, groups per group of people as well as between individuals and groups of people. 20 Women (contract wives) married by foreign tourists rarely meet with their families, but their social interactions with families and surrounding communities are still running well. Some parents of contract married women know and let their children marry foreigners. However, there are also parents who do not know if their child is married to a stranger.
There are several important changes in their cultural value system. addition, the society's view of women (contract wives) also affects the psychological condition of the marriage contract perpetrator. The impact felt for the female actors is bigger that although the economic needs are met but they can not socialize with the environment. The public view is divided into two views where society A feels uneasy with the marriage of the contract while society B considers contract marriage no problem. Nevertheless, contract marriages are still very much caused by the consequences and unfavorable effects, both felt by contract marriage women, children born, and the impact felt by the surrounding community. Even after the contract is completed, the marriage contract man returns to his home country and does not return to Indonesia and does not take care of the child who was born from the marriage of the contract.

VII. CONCLUSION
Marriage of contracts that occurred in several cities in Indonesia is already a tradition or habits of the people in the city, but the lack of understanding and lack of knowledge of the law applicable in Indonesia both seen from national marriage law and Islamic law make these women do marriage contracts that are strictly prohibited because the marriage is already illegal. The marriage of contract is not regulated in any law and rule of law, abik of civil law or Islamic law. In the civil law there are rules of rules concerning the legal requirements of his marriage. In Islamic law also prohibits the existence of contract marriage. because basically marriage is an inner bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the omnipotent complaints. Therefore, it is not permitted for a marriage that is only temporarily sperm like a marriage contract. in Islamic law Rasulullah prohibits the existence of contract marriage based on the hadits that is conveyed. In addition to not regulated in legislation, marriage also brings a negative impact on wives and children who were born from the marriage of the contract. some do feel disadvantaged, as this not only affects the negative image of society, but also the psychological impact that will be felt after the marriage contract ends. Children born of contract marriage illegitimate so that the child can not demand anything because if the marriage was over then the husband left and could no longer provide a living let alone inheritance to the married woman contract and her child.