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Strengthening Women's Legal Protection through Marriage Registration: A Normative Analysis of Law Number 16 of 2019 in Indonesia Reswadi Reswadi; Faisal Sadat S. Hrhp; Mospa Darma
International Journal For Advanced Research Vol. 3 No. 2: August 2026
Publisher : Outline Publisher

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Abstract

Marriage registration has played a fundamental role in ensuring legal certainty and protecting the rights of spouses within the Indonesian legal system. Nevertheless, the continued prevalence of unregistered marriages has weakened women's legal position and limited their access to legal protection, particularly regarding marital status, property rights, inheritance, maintenance, and the civil rights of children. This study aimed to analyze the role of marriage registration in strengthening women's legal protection under Law Number 16 of 2019 concerning the Amendment to Law Number 1 of 1974 on Marriage. The study employed a normative legal research method using statutory, conceptual, comparative, and philosophical approaches. Legal materials were collected through library research from legislation, judicial decisions, official legal documents, and contemporary scholarly publications and were analyzed qualitatively using prescriptive legal reasoning. The analysis showed that marriage registration functioned not merely as an administrative obligation but as a preventive legal mechanism that established legal certainty and enhanced the protection of women's rights. The findings further indicated that effective marriage registration strengthened legal recognition of marital status, safeguarded property and inheritance rights, facilitated access to judicial remedies, protected children's civil rights, and promoted gender equality. The study concluded that strengthening the implementation of marriage registration under Law Number 16 of 2019 provided a more comprehensive framework for protecting women's legal rights, improving access to justice, and reinforcing legal certainty within Indonesia's family law system.
Legal Implications of Unregistered Marriages on the Status of Children in the Indonesian Legal System Rakhmad Suad Al Am Rakhmad Suad Al Am; Mospa Darma; Faisal Sadat S. Hrhp
International Journal For Advanced Research Vol. 3 No. 2: August 2026
Publisher : Outline Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Unregistered marriages (nikah siri) continue to create significant legal challenges in Indonesia, particularly concerning the legal status and civil rights of children. Although Indonesian law recognizes the religious validity of marriage, the absence of official registration often results in legal uncertainty regarding children's civil status, paternal affiliation, inheritance rights, guardianship, maintenance, and access to constitutional protections. This study aimed to analyze the legal implications of unregistered marriages on the status of children within the Indonesian legal system and to evaluate the effectiveness of legal protection following Constitutional Court Decision Number 46/PUU-VIII/2010. The study employed a normative legal research method using statutory, case, conceptual, and comparative approaches. Legal materials were obtained through library research from legislation, Constitutional Court decisions, international legal instruments, and recent scholarly publications and were analyzed qualitatively using doctrinal legal interpretation. The findings indicate that marriage registration serves not merely as an administrative requirement but as a fundamental legal mechanism that ensures legal certainty and strengthens the protection of children's constitutional and civil rights. Furthermore, Constitutional Court Decision Number 46/PUU-VIII/2010 has expanded legal protection by recognizing civil legal relationships between children born from unregistered marriages and their biological fathers, subject to legally admissible proof. However, inconsistencies in legal interpretation and implementation continue to hinder effective protection. The study concludes that harmonizing family law and administrative regulations is essential to ensure legal certainty, equal protection, and the best interests of children.