Secret Marriage Contradicts the Values of Social Justice and Protection of Human Rights Contained in Pancasila and Indonesian Constitutional Law from the Perspective of Criminal Law and Islamic Law

Abstract

Unregistered marriages, i.e., marriages conducted without official registration in accordance with Indonesian law, are a crucial issue in relation to social justice and human rights protection. Law Number 1 of 1974 concerning Marriage stipulates that every marriage must be registered by the state to ensure legal certainty. Unregistered marriages result in various consequences, such as unclear legal status of the couple, failure to fulfill children's inheritance rights, and loss of legal protection for women and children. From the perspective of Pancasila, particularly the second and fifth principles, the practice of unregistered marriages contradicts the principles of humanity and social justice because it often harms women, who potentially lose their rights to livelihood, protection, and legal certainty within the family. Constitutionally, the right to form a family is guaranteed by the 1945 Constitution, but marriage registration remains a requirement for this right to receive state protection. The legal uncertainty resulting from unregistered marriages can also give rise to criminal issues if there are violations of official procedures or falsification of documents. In Islamic law, a valid marriage must meet certain conditions and pillars; unregistered marriages that do not meet these requirements can be considered invalid and detrimental to women and children according to Islamic law. Overall, unregistered marriages are contrary to national legal principles, Pancasila values, and human rights protection, so public legal awareness needs to be increased to encourage the implementation of legal and registered marriages.