Abstract:
ABSTRACT
THE LEGALITY AND LEGAL FORCE OF UNREGISTERED MARRIAGE
STATUS IN INDONESIA’S POPULATION ADMINISTRATION SYSTEM
AFTER THE ENACTMENT OF MINISTERIAL REGULATION NO. 109 OF
2019: A STUDY AT THE RELIGIOUS COURT OF BANJAR CITY
MUMU MUHIBIN
NIM: 2337230008
This study is motivated by the recording of unregistered marriage status in population
data following the issuance of Minister of Home Affairs Regulation Number 109 of
2019. Unregistered marriages, conducted without official registration as stipulated by
Law Number 1 of 1974 in conjunction with Law Number 16 of 2019, create problems
in population data recording and legal protection of civil rights, particularly for
women and children. The focus of this study is to analyze (1) How is the legality and
legal force of unregistered marriage status in population data within Indonesia’s
marriage law system after the enactment of Permendagri Number 109 of 2019 in the
jurisdiction of the Religious Court of Banjar City? (2) What are the legal
consequences of unregistered marriage status in population data within Indonesia’s
marriage law system after the enactment of Permendagri Number 109 of 2019 in the
jurisdiction of the Religious Court of Banjar City? (3) What are the legal implications
of unregistered marriage status in population data for judicial institutions and the
Office of Religious Affairs (KUA) following the enactment of Permendagri Number
109 of 2019 in the jurisdiction of the Religious Court of Banjar City?.This research
uses a normative juridical method with statutory, conceptual, and case study
approaches. The results indicate that although Permendagri Number 109 of 2019
provides room for the recording of marriage events based on court decisions, the
legality of unregistered marriage status is still considered invalid under positive law
before the issuance of an isbat nikah (marriage legalization decree). The isbat nikah
ruling is an important basis for legalizing and registering marriages in the population
administration system. Therefore, the legal force of unregistered marriage status only
gains certainty after going through a legal process at the Religious Court. The
implications of this study emphasize the importance of marriage registration as a
means of legal protection and the need for synergy between religious courts and
population administration agencies in implementing Permendagri Number 109 of
2019.
keywords: unregistered marriage, legality, isbat nikah, Permendagri 109/2019
