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The Transformation of Marriage Law in the Digital Era: Examining the Legal Validity of Online Marriage under Indonesian Law Al Layyinah, Jihan; Ma'mun, Sukron
El-Izdiwaj: Indonesian Journal of Civil and Islamic Family Law Vol. 7 No. 1 (2026): Juni 2026
Publisher : Program Studi Hukum Keluarga Islam Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/jrpknw52

Abstract

The rapid development of digital technology has precipitated the emergence of online marriage practices, constituting a significant transformation in matrimonial practices in Indonesia. This phenomenon raises complex legal issues, particularly given the absence of explicit regulatory provisions in Law Number 1 of 1974 concerning Marriage. This study seeks to analyse the legal validity of online marriages under Indonesian positive law and to assess the urgency of regulatory reform in the digital era. Employing a normative juridical method, the study adopts both statutory and conceptual approaches through an extensive review of the literature. The findings suggest that online marriages may be regarded as substantively valid, provided that they fulfil the essential pillars and legal requirements of marriage as prescribed by both religious norms and principles of positive law. However, the absence of specific regulatory frameworks gives rise to a range of legal challenges, including the validity of virtual witnesses, the use of electronic documents and signatures, mechanisms of registration, and the protection of the rights of women and children. These conditions contribute to legal uncertainty and create potential avenues for misuse, including fraud and unregistered marriages. Accordingly, comprehensive and adaptive legal reform is required to ensure legal certainty, administrative legitimacy, and the effective protection of the rights of all parties involved. Keywords: Online marriage; Indonesian positive law; legal validity; digital era; regulatory reform.