International Journal of Educational Review, Law And Social Sciences (IJERLAS)
Vol. 5 No. 3 (2025): May

CONSTRUCTION OF THE APPLICATION OF DOMESTIC VIOLENCE CRIMINAL ACT IN UNREGISTERED MARRIAGES

Yudita Trisnanda (Unknown)
Rodiyah Tangwun (Unknown)
Indah Sri Utari (Unknown)



Article Info

Publish Date
02 May 2025

Abstract

Unregistered marriages are still a common phenomenon in Indonesia, even though marriage registration plays an important role in providing legal certainty and protection, especially in cases of domestic violence (KDRT). Law Number 23 of 2004 concerning the Elimination of Domestic Violence stipulates that the scope of legal protection is only for husband and wife relationships that are legal according to state law. This raises legal problems if violence occurs in unregistered marriages, because victims, especially women, cannot obtain maximum protection. This study aims to examine the construction of the application of law to the crime of domestic violence in unregistered marriages and its urgency in the Indonesian legal system. The research method used is a normative legal approach with a qualitative analysis of relevant laws and case studies. The results of the study indicate the existence of dualism in law enforcement that creates uncertainty and injustice for victims. Therefore, a comprehensive legal construction is needed so that the Law on the Elimination of Domestic Violence can also be applied to cases of violence in marriages that have not been administratively registered but are religiously legal.

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Journal Info

Abbrev

IJERLAS

Publisher

Subject

Religion Humanities Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

Description

This journal accepts articles on results of the research in fields of Education, Cross Culture, Law, Environmental Empowerment which are the latest issues from the results of activities or practical implementations that are problem solving, comprehensive, meaningful, latest and sustainable findings ...