LEGALITAS DAN KEKUATAN HUKUM STATUS PERKAWINAN DIBAWAH TANGAN PADA DATA KEPENDUDUKAN DALAM SISTEM HUKUM PERKAWINAN DI INDONESIA PASCA TERBITNYA PERMENDAGRI NOMOR 109 TAHUN 2019 DI PENGADILAN AGAMA KOTA BANJAR

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