RECORDING SIRI'S MARRIAGES IN OBTAINING LEGAL CERTAINTY (Reflections on the rise of Siri marriages in Aceh)

Abstract

The phenomenon of Sirri marriage is rife in Indonesia, including in Aceh. Sirri marriages are conducted in secret with only a few witnesses known, and marriage records are not made to the authorized official. The implementation of Sirri marriage is considered legal according to religion but not legal according to the state. The mandate of Law Number 1 of 1974 emphasizes that every marriage must be registered. In order to cope with the rise of Sirri marriages in Aceh, the Government of Aceh has been discussing the 2019 Aceh Qanun Draft on Family Law, whereby every citizen who engages in Sirri marriage can be recorded with the authorized official. And, in the draft qanun also given the right to polygamy marriage. The purpose of writing this article is to discuss the Sirri marriage legal arrangements in the draft family law qanun so that it can aim to minimize Sirri marriages in Aceh. And, the orientation of the family qanun design in raising public awareness to minimize Sirri marriages in Aceh. The results of the study show that the registration of Sirri marriages in Aceh can be held after a judicial ruling is stipulated and based on the Aceh Qanun Draft on Family Law, it is stated that each married party is required to make a record of his marriage. The factor of sirri marriages is due to the lack of public understanding of the importance of marriage registration and related to the regulation of polygamy as a way out of sirri marriages can be reviewed by the Aceh government before being legalized.