Ketidakpastian Status Perkawinan Siri akibat Ucapan Talak Berulang: Analisis Perlindungan Hukum terhadap Istri yang Mengalami Penelantaran Nafkah dan KDRT

Abstract

Unregistered marriage (nikah siri) remains a complex socio-legal issue in Indonesia. Although valid under Islamic law when its pillars and conditions are fulfilled, the absence of registration deprives wives of formal legal protection. A major problem arises when a husband repeatedly pronounces divorce (talak) outside judicial proceedings, creating uncertainty over the wife's legal status (floating status). This uncertainty frequently leads to economic abandonment and domestic violence. This study analyzes the legal consequences of repeated talak in unregistered marriages and examines the legal protection available to wives who are victims of abandonment and violence. Using a normative legal research method with statute and conceptual approaches, the study finds that repeated talak pronounced outside the Religious Court produces no legal effect of dissolution under positive law. Without a marriage certificate, wives face serious difficulties in claiming civil rights such as iddah and mut'ah maintenance. Nevertheless, criminal law offers protection under Law No. 23 of 2004 on the Elimination of Domestic Violence, which does not require the marriage to be registered. To resolve the uncertainty and secure their rights, wives may petition for marriage validation (itsbat nikah) cumulated with a divorce suit before the Religious Court.