Legal Protection Setting of Post-Divorce Women’s Rights: Case Study of Siri Marriage in Lombok

Abstract

Siri marriage, known in various terms such as under hand marriage and undocumented marriage, is a marriage based on religious rules or customs and is not recorded in the Office of Religious Affairs for Muslims or the Office of Civil Registry for non-Muslims. Factors influencing the occurrence of siri marriage are; economy, social, culture, education, and religious beliefs in the legality of siri marriage. The legal consequences of not doing registration of marriages would harm spouses or those who are married even though the marriage is performed in accordance with religion and beliefs because it is considered invalid if it has not been recorded by the Office of Religious Affairs or the Office of Civil Registry. Furthermore, children who are born in an undocumented marriage are considered illegitimate and also only have a civil relationship with mother or mother’s family (Article 42 and 43 of the Act on Marriage).

DOI: 10.5901/mjss.2017.v8n3p297