The Position of Unlawful Marriage in Batu Gajah Village Reviewed from the Perspective of Indonesian Positive Law

Abstract

The term "unclear marriage," also known as "nikah sirri," emerged after the enactment of Law Number 1 of 1974 concerning marriage. "Unclear marriage" describes a marriage that is kept secret and conducted according to religion alone, fulfilling the pillars and requirements for a valid marriage without registration in the state. As a result, the lack of a marriage certificate, which harms the rights of the wife and children, is detrimental. This study uses a sociological juridical approach based on primary and secondary data to describe the relevant topic through direct interviews with the local community. The data were then collected from various legal sources and analyzed qualitatively. The data analyzed using this qualitative method will be linked to the theory of legal protection and legal certainty. Based on the results of this study, it can be concluded: 1) The status of unclear marriage in Batu Gajah Village, Kab. Indragiri Hulu, when linked to positive legal provisions, is highl