USRAH: Jurnal Hukum Keluarga Islam
Vol. 7 No. 2 (2026): April

PERLINDUNGAN HUKUM TERHADAP PERKAWINAN TIDAK TERCATAT DALAM ADMINISTRASI KARTU KELUARGA DI INDONESIA

Umilia Zakiatuz Zahro Umilia (Universitas Nurul Jadid)
Bashori Alwi (Universitas Nurul Jadid)



Article Info

Publish Date
02 Apr 2026

Abstract

Marriage registration is a crucial legal mechanism to ensure legal certainty and protection for Indonesian citizens as mandated by Law Number 1 of 1974. However, in practice, unregistered marriages remain widespread due to social and economic factors, leading to legal problems particularly for wives and children concerning rights to maintenance, inheritance, and population documents. This study aims to analyze the urgency of marriage registration and evaluate the policy of including the "Unregistered Marriage" status on the Family Card as regulated by the Minister of Home Affairs Regulation Number 108 of 2019. Using a normative juridical method with a literature review approach, this research identifies between administrative policies that facilitate the inclusion of unregistered marriage status through a Statement of Absolute Responsibility (SPTJM) on one hand, while on the other hand, such policies have not yet guaranteed substantive legal protection for women and children. Critical analysis of the normative disharmony between the administrative convenience offered by Minister of Home Affairs Regulation Number 108 of 2019 and the principle of legal certainty in the Marriage Law, as well as its impact on long-term protection for wives and children. The findings reveal that although this policy facilitates access to public services administratively, the research implications emphasize the need for more comprehensive regulatory reinforcement so that legal protection is not merely administrative in nature.

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Journal Info

Abbrev

USRAH

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

USRAH: Jurnal Hukum Keluarga Islam published by Al-Ahwal Research Centre of Departement of Islamic Family Law, STAI Muhammadiyah Probolinggo since 2019. The subject covers textual and fieldwork studies with various perspectives of Islamic Family Law, Islam and gender discourse, and legal drafting of ...