MENAKAR URGENSI PENCATATAN PERKAWINAN: ANTARA EDUKASI ADMINISTRATIF DAN BATAS KRIMINALISASI NIKAH SIRI

Abstract

This article examines the legal significance of marriage registration in Indonesia and the limits of criminalizing unregistered marriages. The central issue is not merely a conflict between religious norms and state administration, but an unequal distribution of legal risks borne primarily by women and children. The study adopts normative legal research, using statutory, conceptual, and judicial-decision approaches. Its legal materials include Indonesian marriage legislation, civil registration rules, the Compilation of Islamic Law, and Constitutional Court Decision No. 46/PUU-VIII/2010. A prescriptive analysis assesses legal certainty, proportionality, and criminal law as a last resort. The article argues that non-registration principally creates evidentiary barriers and obstacles to remedies rather than automatically extinguishing all civil rights. General criminalization cannot be justified solely by administrative-order concerns without demonstrating necessity and effectiveness. Nevertheless, the private-law character of marriage does not exclude criminal liability for independently punishable conduct such as fraud or violence. More proportionate policy should prioritize accessible registration, legally available marriage validation procedures, and protection of children’s identity rights.