DAMPAK YURIDIS KEBIJAKAN KENAIKAN BATAS USIA PERKAWINAN (UU 16/2019) TERHADAP FENOMENA PERNIKAHAN SIRI DI INDONESIA

Abstract

Abstract

This study aims to analyze the juridical impact of the implementation of Law Number 16 of 2019, which changed the minimum marriage age to 19 years for both men and women, on the phenomenon of siri (unregistered) marriages in Indonesia. The method employed is empirical legal research with a sociological approach. Data were collected through in-depth interviews with couples practicing siri marriage, officials from the Office of Religious Affairs (KUA), and religious courts, as well as document study. The results indicate that five years post-implementation, there is a significant correlation between the increase in the marriage age limit and the rise of siri marriages, particularly in rural areas. Administrative barriers and unpreparedness regarding age requirement documents are primary factors driving these unregistered marriages. Juridically, this creates a legal vacuum for wives and children born from these unions due to the absence of a valid state marriage certificate. The study recommends policy evaluation and the facilitation of affordable isbat nikah (marriage legalization) as a protective solution.

Keywords: Siri Marriage; Law No. 16 of 2019; Islamic Family Law; Legal Protection; Sociology of Law.