Jurnal Konstatering
Vol 5, No 2 (2026): April 2026

The Position of Unlawful Marriage in Batu Gajah Village Reviewed from the Perspective of Indonesian Positive Law

Anisah Veronika Ridhanti (Faculty of Law, Universitas Islam Sultan Agung Semarang)



Article Info

Publish Date
15 Apr 2026

Abstract

The term "unclear marriage," also known as "nikah sirri," emerged after the enactment of Law Number 1 of 1974 concerning marriage. "Unclear marriage" describes a marriage that is kept secret and conducted according to religion alone, fulfilling the pillars and requirements for a valid marriage without registration in the state. As a result, the lack of a marriage certificate, which harms the rights of the wife and children, is detrimental. This study uses a sociological juridical approach based on primary and secondary data to describe the relevant topic through direct interviews with the local community. The data were then collected from various legal sources and analyzed qualitatively. The data analyzed using this qualitative method will be linked to the theory of legal protection and legal certainty. Based on the results of this study, it can be concluded: 1) The status of unclear marriage in Batu Gajah Village, Kab. Indragiri Hulu, when linked to positive legal provisions, is highl

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Journal Info

Abbrev

jk

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that ...