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All Journal Jurnal Hukum dan Peradilan Jurnal Kajian Hukum dan Sosial
Imron Rosyadi
Supreme Court of the Republic of Indonesia
Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analysis of Legal Certainty Aspects in Indonesian Marriage Registration Rule Imron Rosyadi; Aisyah Kahar
Jurnal Hukum dan Peradilan Vol 12, No 3 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.3.2023.469-488

Abstract

This paper examines the legal certainty aspects of marriage registration regulations in Indonesia. The controversy over whether or not a marriage is lawful without registration is still ongoing, depending on how Article 2 of Act No. 1/1974 regulating marriage is interpreted. The research method used in writing this paper is a literature study with normative legal research and descriptive analysis. Using the legal certainty aspect approach, the author analyzes various laws and regulations regarding marriage registration objectively. According to the findings of this study, the Marriage Act requires that every marriage be documented or registered by the marriage registration officer. However, Presidential Regulation (PERPRES) Number 96 of 2018 and Minister of Home Affairs Regulation (PERMENDAGRI) Number 9 of 2016 provide an alternative for those whose marriages have not been documented to create various population administrations by attaching a Statement of Absolute Responsibility (SPTJM). These two contradicting requirements have generated legal uncertainty in Indonesian marriage registration.
Gaps and Challenges in Child Marriage Regulation: An Indonesian and Australian Legal Perspective Imron Rosyadi; Muchlis Muchlis; Tajul Arifin; Ahmad Fathoni; Fahadil Amin Al Hasan
Justicia Islamica Vol 22 No 2 (2025)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v22i2.11780

Abstract

Child marriage remains a persistent global issue, including in Indonesia and Australia. Despite legal frameworks that set a minimum age for marriage, the practice persists due to loopholes, socio-cultural factors, and weak enforcement. This study adopts a comparative legal approach by analysing statutory regulations, court decisions, and relevant academic literature within the contexts of Islamic law, Indonesian law, and Australian law. Findings reveal that the challenges in regulating child marriage are not purely juridical but are significantly influenced by psychosocial conditions. In Indonesia, the prevalence of marriage dispensations and cultural norms that tolerate early marriage creates a tension between legal norms and social realities. In contrast, Australia, while having a stronger legal framework and a relatively low prevalence, still allows dispensations for those aged 16–17 and faces cases of forced marriage within migrant communities, compounded by limited national data. The study’s contribution lies in demonstrating the importance of a legal-psychosocial perspective for understanding and addressing child marriage regulation. Protecting children’s rights, therefore, requires not only normative reforms but also comprehensive social interventions that address underlying cultural and structural drivers.
Co-Authors Ahmad Fathoni Aisyah Kahar Fahadil Amin Al Hasan Muchlis Muchlis Tajul Arifin