LEGAL ASPECTS OF UNREGISTERED ONLINE MARRIAGE WITH THE PERSPECTIVE OF LAW NUMBER 1 OF 1974 CONCERNING MARRIAGE

Abstract

The development of technology has many influences on all aspects of people’s lives, including marriage. The emergence of the phenomenon of unregistered online marriage is a new thing that is foreign to the community. This marriage model is a marriage where the implementation of consent granted is assisted by internet media such as video calls. Various factors are underlying the occurrence of unregistered online marriage, such as economic factors, the desire of polygamy men without the permission of the first wife, the existence of parties underage, the absence of parental approval, and the factor of service/work ties. Unregistered online marriage raises the pros and cons of various parties because it is not in accordance with the Marriage Act.Based on this background, this article was made to find out how the legal status of unregistered online marriage is based on the provisionsof Law No. 1 of 1974 concerning Marriage. In addition, this article also finds out how to legalize unregistered online marriage.The method used in this article is juridical-normative approach. It reviews written legal material in the form of legislation and other written sources relevant to the research topic. This study is supported by field data obtained from interviews with the Religious Affairs Office in Kesambi Sub-district and the Religious Affairs Office in Harjamukti Sub-district, Cirebon City.The study results concluded that the legal status of unregistered online marriage is illegal in Islamic law and positive law. In practice, marriage does not meet the terms and conditions of marriage. Therefore, marriage has no legal force because it is considered never to have happened. Thus, the way to legalize the marriage is to remarry according to the respective religious law legally and must be registered as stated in Law No. 1 of 1974 concerning Marriage.