The phenomenon of inner marriage from the perspective of national marriage law and protection of women

Muh. Akbar Fhad Syahril () and Nurhaedah Hasan ()
Additional contact information
Muh. Akbar Fhad Syahril: Andi Sapada Institute of Social Sciences and Business
Nurhaedah Hasan: Muhammadiyah University of Parepare

Priviet Social Sciences Journal, 2025, vol. 5, issue 7, 11-19

Abstract: This article analyzes unregistered marriage in Indonesia from a national legal perspective, focusing on its impact on the rights of women and children. Applying a normative legal approach, the study reviews statutory law, religious fatwas, and court decisions to clarify that unregistered marriages, while sometimes valid religiously, however lack formal legal recognition under Undang-Undang Perkawinan. This legal gap exposes women to loss of civil rights and leaves children vulnerable to administrative discrimination and social stigma. The discussion also highlights legal developments following Putusan Mahkamah Konstitusi No. 46/PUU-VIII/2010, as well as the influence of local traditions and limited legal literacy. The article concludes by recommending legal reform, community legal education, and integration of customary practices to strengthen protection for affected groups.

Keywords: Marry Inner; Law Marriage; Protection Woman; Right Child; Recording Marriage (search for similar items in EconPapers)
Date: 2025
References: Add references at CitEc
Citations:

Downloads: (external link)
https://journal.privietlab.org/download.php?id=9841 (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:prv:pssjpv:403

Ordering information: This journal article can be ordered from
https://journal.priv ... SSJ/article/view/403

DOI: 10.55942/pssj.v5i7.403

Access Statistics for this article

More articles in Priviet Social Sciences Journal from Privietlab Research Center
Bibliographic data for series maintained by Mochammad Fahlevi ().