Analisis Hukum Pidana terhadap Praktik Perkawinan Sirri di Indonesia

Abstract

This study aims to analyze the criminal elements associated with unregistered marriage (sirri marriage) practices in Indonesia and to examine its legal standing within the framework of positive law. The research employs a normative legal method with statutory, conceptual, and limited case approaches through library research. The findings indicate that sirri marriage is considered valid under religious law but lacks legal administrative force due to the absence of official registration as required by statutory regulations. From a criminal law perspective, sirri marriage cannot be directly criminalized due to the absence of explicit legal provisions, in accordance with the principle of legality. However, such practices may involve criminal elements when accompanied by unlawful acts, including identity falsification, unauthorized polygamy, and domestic neglect. The impacts of sirri marriage are primarily experienced by women and children, who face vulnerabilities in legal protection and uncertainty of legal status. Therefore, a comprehensive legal approach is required through the integration of criminal law, family law, and administrative law to ensure legal certainty and stronger protection for affected parties.