PALITA: Journal of Social - Religion Research
Vol. 11 No. 2 (2026): Palita : Journal of Social Religion Research

Marriage Registration In Indonesia: Between Legal Certainty And Social Reality

Sabaruddin (Universitas Islam Negeri Palopo)
Hamzah Hasan (Universitas Islam Negeri Alauddin Makassar)
Abdul Wahid Haddade (Universitas Islam Negeri Alauddin Makassar)
Haris Kulle (Universitas Islam Negeri Palopo)
Saepul Bahri (Universitas Mathla'ul Anwar Banten)
Hamsah Hasan (Universitas Islam Negeri Sunan Gunung Djati)
Ahmad Ryf Rayyan Hamzah (Bolu Abant İzzet Baysal üniversitesi)



Article Info

Publish Date
15 Oct 2026

Abstract

Marriage registration is essential for ensuring legal certainty and protecting family rights. However, unregistered marriages persist in Indonesia, reflecting a gap between formal law and social reality. This study examines the legal position of marriage registration, analyzes unregistered marriages through state law, Islamic law, and social norms, and develops an integrative framework for family protection. It employs normative legal research based on literature review, using statutory, conceptual, and historical approaches. Legal materials are analyzed descriptively and interpretively through legal certainty, legal protection, living law, legal pluralism, and maqāṣid al-sharīʿah. The findings show that marriage registration serves not merely as an administrative procedure but also as a means of legal proof, certainty, and protection for spouses and children. The persistence of unregistered marriages reflects interactions among state law, Islamic law, customary law, and social norms, alongside challenges in registration services and population administration. From the perspective of maqāṣid al-sharīʿah, registration supports the protection of lineage (ḥifẓ al-nasl), property (ḥifẓ al-māl), and family welfare. This study proposes a preventive–protective–corrective framework integrating legal certainty with social realities. Accordingly, registration policies should ensure accessible, responsive services that strengthen legal certainty and safeguard family rights.

Copyrights © 2026






Journal Info

Abbrev

palita

Publisher

Subject

Religion Social Sciences

Description

Palita: Journal of Social-Religion Research, p-ISSN:2527-3744, e-ISSN:2527-3752 has been published twice a year since 2016, is a multilingual (English, Indonesian and Arabic ), peer review, and on exploring the social religion. Palita focuses on the research of social religion, and to communicate to ...