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The Problem of Marital Legitimacy has not been Recorded Based on Permendagri Number 108 of 2019 Concerning Civil Registration Muhammad Al Mansur; Mohd Sabree Nasri; Muhammad Syahrum; Nurul Safika
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 5 (2026): on Progress
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/ijerlas.v6i5.6194

Abstract

The introduction of Minister of Home Affairs Regulation No. 108 of 2019 has raised concerns regarding marriage registration in Indonesia. It presents a challenge for couples whose marriages lack official documentation, as they have the option to register their union at the Population and Civil Registration Office through the endorsement of a Letter of Absolute Responsibility (SPTJM). Subsequently, they receive a Family Card affirming their marital status despite the absence of a marriage certificate, which is also reflected in their Identity Card (KTP). However, this practice of informal marriage registration deviates from the maqasid of sharia, which seeks to uphold the welfare of the community by failing to satisfy the fundamental human necessities of religion, life, intellect, lineage, and property. Such non-compliance with the sharia objectives contradicts the utilitarian principle, which dictates that moral actions should promote overall happiness. Consequently, unofficial marriages can have adverse effects on spouses and offspring, running counter to the utilitarian notion of maximizing happiness. This research endeavors to scrutinize the challenges surrounding the legitimacy of unregistered marriages in Indonesia, focusing on the stipulations delineated in Minister of Home Affairs Regulation No. 108 of 2019 regarding the prerequisites and processes for population and civil registration. Employing a normative approach to library research, this study reveals that marriages deemed valid by religious standards yet lacking official documentation often give rise to myriad legal complications affecting both couples and their progeny. The lack of alignment between Permendagri 108 of 2019 and Law Number 1 of 1974 engenders inefficiencies in marriage registration procedures, potentially fostering concerns about the escalating prevalence of informal marriages or successive unions, thereby undermining the efficacy of marriage registration mechanisms in the foreseeable future.