DAMPAK PERCERAIAN DI BAWAH TANGAN TERHADAP ANAK DAN PEREMPUAN DIHUBUNGKAN DENGAN UNDANG-UNDANGNOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

Marriage and divorce are social institutions with significant legal implications, particularly for women and children. However, the practice of unregistered or unofficial divorce—divorce not legally recorded by the authorized institution—remains prevalent in Indonesia, especially in rural areas and among communities with low legal literacy. This study aims to analyze the impact of unregistered divorce on women and children within the framework of Law No. 1 of 1974 on Marriage and its relevance to the Constitutional Court Decision No. 46/PUU-VIII/2010. Employing an empirical juridical approach with qualitative methods, the research was conducted through literature review, analysis of statutory regulations, and in-depth interviews with judges of the Cianjur Religious Court, community leaders, and women who have experienced unregistered divorce. The findings reveal that unregistered divorce has serious legal consequences for both women and children. Children often face difficulties obtaining birth certificates that include their father’s name, which in turn affects their civil rights, such as inheritance, financial support, and access to education. Women, on the other hand, lose access to economic and legal rights such as claims to joint marital property and custody of children due to the absence of official divorce documentation.

Keywords: unregistered divorce, protection of women and children, Marriage Law