Phenomenology of Siri Marriage in Indonesia: An Analytical Study from a Legal Sociology Perspective

Abstract

Siri marriage is a phenomenon that exists and occurs in Indonesian society. The existence of dualism in the rules for carrying out Muslim marriages in Indonesia has given rise to polemics among ulama who are pro and anti towards the reform of Islamic law. This research aims to answer the question of the phenomenon of unregistered marriages that occur among people in Indonesia and why are unregistered marriages so common in this country? This research uses qualitative research (library), the nature of the research used is descriptive-analysis, namely by describing related problems. The conclusion of this research is that the rejection of the discourse on criminalizing perpetrators of unregistered marriages is dominated by the ulama who are strongly affiliated with the Syafii school of thought. There are at least three reasons for that; first, the social culture of Muslims which does not respond to changes in their religious traditions; second, the religious beliefs of Indonesian Muslims who still adhere to the Syafii school of thought; third, the Law and KHI as well as existing practices in the Religious Courts seem to legalize the occurrence of unregistered marriages. Therefore, one solution that can be taken to minimize unregistered marriages in Indonesia is to create strict rules that do not have multiple interpretations. Even if this cannot be done, then to save and provide legal certainty for the generations resulting from unregistered marriages, it is necessary to create clear regulations to continue marriage itsbat programs in the Religious Courts in a more aggressive and sustainable manner.