Sosial dan Nilai Budaya dalam Praktik Perkawinan Tidak Tercatat di Kalimantan Selatan: Studi Socio-Legal

Abstract

nregistered marriages in Indonesia aren’t just about ignoring the law; the story is a lot more complicated. On one side, the government treats marriage registration as a legal formality, basically a box you have to tick for administrative certainty. But for many people, what matters more is whether their marriage aligns with their religious beliefs or whether their families and neighbors accept it. This study looks at how social and cultural values in South Kalimantan shape the way people see unregistered marriages and whether they consider them valid, especially when the state expects every marriage to be officially recorded. To dig into this, the research uses a socio-legal approach: talking to people in unregistered marriages, religious leaders, and officers from the local Office of Religious Affairs (KUA). The interviews reveal the real-life stories behind all these rules. One strong theme stands out: marriage legitimacy isn’t just one thing. Religious rules lay the foundation, but family and community often add their own layers by recognizing these unions. Official registration still has its place, but not everyone sees it as the final word. People might postpone it or see it as something separate, not a substitute for religious or social acceptance. What’s interesting is, just knowing the law doesn’t make people rush out to register their marriages. Unregistered marriages end up being more about juggling different rules, not simply a clash between religion and the state. In the end, it’s a negotiation between tradition, belief, family, community, and the government.