ITSBAT NIKAH SEBAGAI INSTRUMEN PERLINDUNGAN HUKUM BAGI PASANGAN NIKAH SIRRI DI INDONESIA

Abstract

Unregistered marriage (nikah sirri) refers to a marriage conducted in accordance with religious principles but not officially registered with the competent state authority as required by Indonesian law. This condition often creates various legal issues, particularly regarding the legal status of spouses and children born from such marriages. This study aims to analyze the role of marriage validation (itsbat nikah) as an instrument of legal protection for couples in unregistered marriages in Indonesia. The research employs a normative legal method using statutory and conceptual approaches through a literature review of relevant legislation, court decisions, and academic sources. The findings indicate that itsbat nikah serves as a legal mechanism that grants recognition and legal certainty to previously unregistered marriages. Through a decision of the Religious Court, couples obtain legal status for their marriage, which contributes to the protection of civil rights, including inheritance rights, maintenance rights, birth registration of children, and access to various public administrative services. Therefore, itsbat nikah plays a strategic role in ensuring legal protection and legal certainty for couples involved in unregistered marriages and their family members.