Dualism of Unregistered Marriage Law in Indonesia

Abstract

In Indonesia, there is a dualism of Islamic marriage law, namely a registered marriage (the valid marriage in accordance to the state law under the Religious Affair Office) and an unregistered marriage (not registered under the Religious Affair Office). Both marriages are valid in front of the religion as they fulfill the conditions and requirements in Islamic Marriage Law. They become different to one another because the Law No. 1 year 1974 concerning Marriage on article 2 subsection (2) stipulates that “each marriage shall be entered registered in a register conform to the ruling statutory provision”. For all the marriage were conducted prior to the Law No. 1 year 1974, the registration of the marriage can be done through “itsbat marriage method” in front of the Religious Court. Although the “itsbat marriage” intended to legitimize all marriages conducted prior the Law No. 1 year 1974, Judges in the Indonesian Religious Court applies it for all marriages conducted after the Law No. 1 year 1974 with various considerations.

Keywords: Unregistered Marriage Law, Decision of Judge