An-nisa: Journal of Islamic Family Law
Vol. 3 No. 3 (2026): September

The Application of Legal Protection for Victims of Rape in Marriage in Unregistered Marriages: Between Legal Certainty and Human Rights in Indonesia

Nurfadhilah Nahe (Universitas Gorontalo)
Yerik Tungatarov (Research Institute for Jochi Ulus Studies, Astana, Kazakhstan)
Naimah Mohamad Nasir (International Islamic University Malaysia)
Diana Farid (Muhammadiyah Bandung University)
Muhammad Husni Abdulah Pakarti (Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya, Indonesia)



Article Info

Publish Date
03 Sep 2026

Abstract

Unregistered marriages remain a legal issue in Indonesia, as they place women in a more vulnerable position when they become victims of marital rape. Although Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT), Law No. 12 of 2022 on Sexual Violence Crimes (TPKS), and the National Criminal Code provide a legal basis for protection against domestic sexual violence, prior research has largely focused on normative aspects and has not yet examined the implementation of legal protections for victims in unregistered marriages from a human rights perspective. This study aims to analyze the implementation of legal protections for female victims of marital rape in unregistered marriages and to identify obstacles affecting the effective fulfillment of victims' rights. A normative legal research method was employed, utilizing statutory, conceptual, case-based, and human rights approaches. The findings indicate that, normatively, victims are entitled to protection under the PKDRT Law, the TPKS Law, and the National Criminal Code, regardless of their marriage registration status. However, implementation remains suboptimal due to administrative hurdles in proving the marital relationship, victims' low legal awareness, patriarchal culture, limited access to protection services, and the inconsistent application of a gender perspective by law enforcement officials. This study contributes by highlighting the gap between normative guarantees and law enforcement practices, while emphasizing the importance of policy reform aimed at effectively and equitably protecting victims' rights.

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Journal Info

Abbrev

annisa

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice Other

Description

An-Nisa: Journal of Islamic Family Law is a peer-reviewed academic journal that focuses on the study and analysis of Islamic family law and related issues. The journal aims to provide a platform for scholars, researchers, and practitioners to explore the dynamic and evolving nature of Islamic family ...