Marriage Registration Research Articles

The Phenomena of Kabalutan In The Highlights of Islamic Marriage Law

Introduction: The ease of carrying out marriages and divorces in Kabalutan Village, Talatako District, Tojo Una Una Regency. One of the local residents was reported by the mass media that for marriage or divorce it is enough to bring it to the Penghulu. Whereas the real task of the Penghulu is to provide supervision and registration of marriages. Can get married if the bride does not have a Guardian.Purposes of the Research: It is important to know and analyze how the implementation of marriage in Kabalutan Village is viewed from the perspective of Islamic law.Methods of the Research: The method used is an empirical legal research method with primary data sources from religious leaders, community leaders, and the community in the village.Results of the Research: So that the validity of a marriage is realized and in accordance with the objectives of the Marriage Law and also the Compilation of Islamic Law which states that marriage is a marriage, namely a very strong contract or mitsaqan ghalizhan to obey Allah's commands and carry them out is worship. The people of Kabalutan Village generally have unregistered marriages or marriages that are not registered due to the long distance and the cost of accommodation which is quite expensive to report and register their marriages to the relevant agencies.

Criticizing the Verdict of 916/Pdt.P/2022/PN.Sby Surabaya District Court Against Interfaith Marriage from the Perspective of Marriage Law in Indonesia

This article is based on a critical review of Court Decision No. 916/Pdt.P/2022/PN.Sby, which recognizes the validity of interfaith marriages in Indonesia. This decision is different from the provisions of the marriage law in force in Indonesia. Indonesia has regulated that marriages can be carried out according to their respective religions. This article aims to critically analyze Court Decision No. 916/Pdt.P/2022/PN.Sby. This research is a normative juridical study with a case approach. The main data sources are obtained from court decisions and marriage laws. To strengthen data analysis, this article also uses several articles and research resulting from empirical studies. This paper argues that: Firstly, interfaith marriages are prohibited in Islamic law because they contain more harm than good; this prohibition merely closes the opportunity for bad impacts to occur after the marriage; and second, the decision issued by the Surabaya District Court Judge was inappropriate because it conflicted with positive law and Islamic law. Legally, the judge may refuse to grant permission based on Article 2 paragraph (1) of the Law on Marriage and the Compilation of Islamic Law (KHI). In this decision, the judge has a different interpretation of the marriage regulations that apply in Indonesia.

Analysis of Legal Certainty Aspects in Indonesian Marriage Registration Rule

This paper examines the legal certainty aspects of marriage registration regulations in Indonesia. The controversy over whether or not a marriage is lawful without registration is still ongoing, depending on how Article 2 of Act No. 1/1974 regulating marriage is interpreted. The research method used in writing this paper is a literature study with normative legal research and descriptive analysis. Using the legal certainty aspect approach, the author analyzes various laws and regulations regarding marriage registration objectively. According to the findings of this study, the Marriage Act requires that every marriage be documented or registered by the marriage registration officer. However, Presidential Regulation (PERPRES) Number 96 of 2018 and Minister of Home Affairs Regulation (PERMENDAGRI) Number 9 of 2016 provide an alternative for those whose marriages have not been documented to create various population administrations by attaching a Statement of Absolute Responsibility (SPTJM). These two contradicting requirements have generated legal uncertainty in Indonesian marriage registration.

Analysis of Maslahah Mursalah in the Implementation of Tetanus Toxoid Immunization as a Marriage Requirement (A Study in the Pitu Riase Sub-district, Sidrap Regency)

This research discusses Maslahah Murlah's review of the implementation of tetanus toxoid immunization as a marriage requirement. By examining two problem formulations, namely; how is the implementation of tetanus toxoid immunization as a marriage registration requirement in Pitu Riase District, Sidrap Regency and how is the maslahah murrasa review of the implementation of tetanus toxoid immunization as a marriage requirement in Pitu Riase District, Sidrap Regency.
 This research approach is an empirical normative approach, namely research carried out by examining the implementation of legal provisions which are conceptualized as norms or rules that apply in society. Then with the qualitative descriptive method which produces descriptive data in the form of written text or other people's words. The techniques used are observation, interviews and documentation methods.
 The results of the research can be stated that, Firstly, the provisions of the marriage registration requirements are that prospective bride and groom couples who want to get married, especially prospective brides, are advised to carry out tetanus toxoid immunization and attach a letter of proof of the implementation of this immunization. The objectives achieved by implementing tetanus toxoid immunization include preventing the spread of tetanus which can cause damage to the nervous system that regulates breathing and also damage to other organs, resulting in death. Second, the implementation of tetanus toxoid immunization as a requirement for marriage registration in Piti Riase District, Sidrap Regency, if viewed from the perspective of maslahah al-murlah, is one of the maslahah of hajiyah, namely perfecting basic human needs in maslahah dharuriyah, in this case in order to protect or maintain offspring through the prospective bride. those who are getting married and also as in the Sadd Adz-Dzari'ah principle, namely preventive measures or closing the path to something dangerous.

Implementasi Undang-Undang Perkawinan Tentang Pernikahan Dini di KUA Bangkalan Madura

since Law Number 16 of 2019 concerning Marriage was enacted in Indonesia. However, its implementation in the Bangkalan district community has been ongoing, especially with regard to laws governing marriage registration and the minimum age of marriage. Cultural, educational, economic, and religious factors are one of the causes of the large number of early marriages in Bangkalan Regency that are still taking place below the predetermined minimum age of marriage, which is 19 years for men and 19 years for women. This research uses qualitative research methods, utilizing primary and secondary data sources, document studies and interviews as data collection approaches. Descriptive analytical techniques are used for data analysis. The study aimed to ascertain the extent to which the Office of Religious Affairs has suppressed the rise in early marriage. The impact of this problem will be examined in a number of research issues, including the role of the Office of Religious Affairs in minimizing early marriage in Bangkalan Regency and its consequences. Therefore, the Office of Religious Affairs (KUA) plays a role in reducing cases of early marriage by paying attention to all requirements that must be met by prospective brides, holding weddings, and socializing with the community through counseling and guidance to increase knowledge and understanding of marriage law.

IMPLEMENTASI PERATURAN DISPENSASI NIKAH BERDASARKAN UNDANG-UNDANG NO 16 TAHUN 2019 TENTANG PERNIKAHAN DI KECAMATAN KEMUNING KOTA PALEMBANG

The research aims to find out how the implementation of marriage regulations, Marriage Law no. 16 of 2019 in Kemuning District, Palembang City. The research method used is a descriptive method with a qualitative approach. Data collection techniques used include observation, interview and documentation methods, as well as sampling techniques, namely, with individuals and groups who may have information about the subject being studied. Qualitative descriptive method was used as a research method. As data collection methods, observation, survey and documentation methods were used, as well as sampling methods, namely, people who knew the subject of investigation in Kemuning District, Palembang City. Furthermore, the results of the analysis and field results of this research use Van Metter and Van Horn's theory which includes 6 indicators, namely size and policy, resources, implementation characteristics, implementation attitude, communication between organizations, economic, social and political environment. This indicates that the government itself has not implemented it effectively. good and optimal Decree Law No. 16 of 2019 concerning Marriage in Kemuning District, Palembang City. The unfavorable social, economic and political environment causes the implementation of Law No. 16 concerning Marriage to not run smoothly and optimally. Based on the research conducted, it was found that the implementation of the marriage dispensation by the Office of Religious Affairs (KUA) in Kemuning District, Palembang City has not run well and optimally because the local government has not been optimal and the social, economic and political environment has not run well and optimally. Keywords: Implementation; Marriage; Dispensation

PERLINDUNGAN HUKUM BAGI PEREMPUAN DALAM PRAKTEK PERKAWINAN SIRI DI KEPULAUAN KANGEAN

Marriage registration is an official procedure in order to obtain legal certainty in the husband-wife bond as in Article 2 Paragraph (2) of Law Number 1 of 1974 concerning Marriage explains that every marriage is recorded according to the applicable laws and regulations. Therefore, a valid marriage must be proven by a marriage certificate issued by the Religious Affairs Office. The purpose of this research is to analyze the status of women (wives) in unregistered marriages that occur in the Kangean Islands community based on Law Number 1 of 1974 concerning Marriage and in the Compilation of Islamic Law that the marriage is a marriage that is not recognized by the state, therefore the marriage is not have legal certainty and protection. The research method used is normative through a statutory approach with the addition of data from the Kangean Religious Court. With the many cases of unregistered marriages in the Kangean Islands, the Kangean Religious Court as a legal institution provides a solution by determining (itsbat) the marriage as a valid marriage and has legality from the State as explained in the Compilation of Islamic Law Article 7 Paragraph (2) that in the case of marriage cannot be proven by a marriage certificate, the marriage certificate can be submitted to the Religious Court.

The Formalist vs Realist Constructs on Marriage Registration in Indonesia: A Study of the Perspectives of Kyai from Nahdlatul Ulama in Rembang

Marriage registration plays an important role in safeguarding the rights of a marriage. However, it is often overlooked for various reasons. The validity of unregistered marriages has been a topic of debate until now. This research aims to answer the problems: 1) What is the social construction of the NU Rembang elite regarding marriage registration in the Islamic Law Compilation? and 2) What is the view of the NU Rembang elite regarding marriages that are not registered?. To answer these two problems, in this research the author chose to use qualitative research with Peter L. Berger's social construction theory approach. Data obtainded by in depth interview to the NU Rembang elite selected who were active and involved in legal matters from both structural and non-structural circles, totaling four people, including: KH. Chazim Mabrur, KH Syarofuddin Ismail Qoimaz, KH Chamid Mabrur, and KH Ahmad Sunarto. Research findings show that based on social construction theory, the NU Rembang elite is divided into two groups, namely formalists and realists. The thoughts of the NU Rembang elite regarding marriages that are not registered based on this typology are as follows: for the formalist group, marriages that are not registered are still valid. Meanwhile, for the realistic group, marriages that are not registered are invalid. The implication of this research is that it highlights the differences in views between two groups of NU Rembang elites regarding marriage registration in the Compilation of Islamic Law. However, it should be noted that the researched issues related to marriage registration are only a small part of the legal issues of marriage in Indonesia. Therefore, further research is needed to explore other untouched issues, which can then be developed by future researchers.[Pencatatan perkawinan berperan penting dalam menjaga hak-hak dalam sebuah perkawinan. Akan tetapi, perkara ini sering kali diabaikan karena berbagai sebab. Keabsahan perkawinan yang tidak dicatatkan telah menjadi tema perdebatan hingga kini. Penelitian ini bertujuan untuk menjawab permasalahan: 1) Bagaimana konstruksi sosial elit NU Rembang tentang pencatatan perkawinan dalam Kompilasi Hukum Islam? dan 2) Bagaimana pandangan elit NU Rembang tentang perkawinan yang tidak dicatatkan? Untuk menjawab kedua permasalahan tersebut, dalam penelitian ini penulis memilih menggunakan penelitian kualitatif dengan pendekatan teori konstruksi sosial Peter L. Berger. Data diperoleh melalui interview mendalam kepada Elit NU Rembang yang aktif dan terlibat dalam masalah hukum baik dari kalangan struktural maupun non struktural yang berjumlah empat orang, antara lain: KH. Chazim Mabrur, KH Syarofuddin Ismail Qoimaz, KH Chamid Mabrur, dan KH Ahmad Sunarto. Temuan penelitian menunjukkan bahwa berdasarkan teori konstruksi sosial, elit NU Rembang terbagi menjadi dua kelompok, yaitu formalis dan realis. Pemikiran elit NU Rembang tentang pernikahan yang tidak dicatatkan berdasarkan tipologi tersebut adalah sebagai berikut: bagi kelompok formalis, pernikahan yang tidak dicatatkan tetap sah. Sedangkan bagi kelompok realis, pernikahan yang tidak dicatatkan adalah tidak sah. Implikasi dari penelitian ini adalah menyoroti perbedaan pandangan antara dua kelompok elit NU Rembang terkait registrasi pernikahan dalam Kompilasi Hukum Islam. Namun, perlu dicatat bahwa permasalahan yang diteliti terkait registrasi pernikahan hanya merupakan sebagian kecil dari permasalahan hukum pernikahan di Indonesia. Oleh karena itu, penelitian lebih lanjut diperlukan untuk mengeksplorasi isu-isu lain yang belum tersentuh, yang kemudian dapat dikembangkan oleh peneliti di masa depan.]

An Appraisal of the Requirements for the Validity of a Customary Marriage in South Africa, Before and After the Recognition of Customary Marriages Act 120 of 1998

This article appraises the requirements for the validity of a customary marriage. It peruses two eras separated by a statute called the Recognition of Customary Marriages Act 120 of 1998 (RCMA). Prior to delving into what the requirements for validity before the RCMA were, the article differentiates between peremptory and directory provisions. These terms are usually applied in interpreting statutes. They also find application in determining the requirements of the validity of customary law. The era before the RCMA lists essential requirements for a valid customary marriage. The gist of these requirements is as follows: consent of the bride and bridegroom (spouses), consent of the bride’s father or guardian (parents), payment of lobolo, the handing over of the bride and the absence of a civil marriage by either spouse. If any of these requirements were not met, there was no valid customary union. The RCMA added more requirements which seem to address formal and customary law requirements. Both prospective spouses need to be 18 years or older, with certain exceptions, and must consent to getting married in terms of customary law. These requirements are peremptory. The customary law requirements relate to the negotiation and celebration of such a marriage. These requirements remain essential. Unlike formal requirements, these requirements allow indigenous African people a certain latitude. As a result, they are directory. This article further deliberates on certain issues regarding the requirements of customary marriages that became contentious. This includes the delivery of lobolo, the handing over of the bride, polygamous and dual marriages, and the registration of customary marriages. In conclusion, it is shown that customary law is a rapidly growing independent source of law. The requirements for validity must be comprehended with this flexibility in mind and should not unnecessarily be held as being static.

Interlegality Perkawinan Beda Agama Vis a Vis Surat Edaran Mahkamah Agung Nomot 2 Tahun 2023 tentang Penolakan Permohonan Pencatatan Perkawinan Beda Agama di Indonesia

The polemic of interfaith marriages is not a new problem at the legal level in Indonesia, especially with the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023 for District Courts to reject requests for registration of interfaith marriages. This has caused pros and cons in the community. The purpose of this research is to elaborate on the impact on the independence of judges and the constitutional rights of marriage actors, as well as the position of SEMA when faced with the rights of interfaith marriages conducted abroad and brought to Indonesia. This research can enrich insights into the discourse of interfaith marriage in Indonesia. This research uses a normative legal research method that relies on primary, secondary, and tertiary legal materials analyzed prescriptively. The results of this study are, First, SEMA can interfere with the independence of judicial power itself, where the Supreme Court is one of the actor of SEMA. Secondly, SEMA impacts the non-fulfillment of the constitutional rights of actors of interfaith marriages to obtain legal certainty, equality before the law, and legal protection. Thirdly, SEMA can trigger smuggling of law in interfaith marriages where the legal consequences must be recognized based on the principles of rights derived from foreign law, the principle of reciprocity, and the principle of comitas gentium. These three principles underlie the inter legality of interfaith marriages, so they have transnational legality. This research recommends that the Supreme Court revoke the SEMA that has been issued.

Pencatatan Perkawinan Beda Agama Menurut Hukum Positif Indonesia

Marriage registration plays a central role in the legal system and government administration to record and protect individual rights while managing marital status within a society. This research delves into the significance and impact of marriage registration in the context of civil law and public administration. Through the analysis of marriage regulations, registration procedures, and their legal implications, this study identifies the role of marriage registration in acknowledging the rights and obligations of spouses, as well as protecting the interests of children. The research also explores the evolution of marriage registration in response to social and technological changes, along with its implications for accessibility and data security. The research findings highlight the importance of efficiency and transparency in the marriage registration process to ensure the protection of individual rights and provide a strong foundation for law enforcement. Further understanding of the role of marriage registration can serve as a basis for improving marriage administration systems and supporting policy reforms that promote justice and legal security.

МОЛОДАЯ СЕМЬЯ: ТИПИЧНЫЕ ПРОБЛЕМЫ И ПЕРСПЕКТИВЫ ЕЁ УКРЕПЛЕНИЯ (СОЦИАЛЬНО-ФИЛОСОФСКИЙ АНАЛИЗ)

The article is devoted to a socio-philosophical analysis of a young family, identifying its typical problems and developing proposals for strengthening it. The author examined the distinctive features of a young family according to such criteria as age, duration of marriage, presence of children, official registration of marriage. Based on the results of empirical research and the opinions of a number of domestic researchers, the author examines changes associated with the structure and functions of a young family (structural-functional analysis). According to the criterion of the sphere in which difficulties arise associated with conflicts in marriage and its disintegration, all problems were divided into problems of an ideological and personal-social nature, problems associated with disagreements in the understanding of family roles, the absence of children, and material and everyday ones. From the point of view of the fulfillment of family functions by a young family, it is important to note that it performs more non-specific functions related to mutual support, communication, stability, and ensuring everyday life. The second part of the article suggests ways to strengthen a young family with an emphasis on preparation for both married life and parenthood.

Legalitas Penerbitan Akta Kelahiran Anak Yang Dilahirkan Dari Perkawinan Yang Tidak Dicatatkan

This study aims to analyze the legality of issuing birth certificates for children born out of unregistered marriages, this study uses normative juridical research methods, and uses literature that is relevant to the study of making child birth certificates for unregistered marriages. The main legal basis comes from statutory regulations, and the secondary legal basis is in the form of literature, documents, opinions of legal experts. This is also related to the legality of issuing birth certificates for children born from unregistered marriages. The results of this study are related to the making of birth certificates for children born out of marriage which are not recorded through a Statement of Absolute Responsibility (SPTJM) which refers to Permendagri No. 9 of 2016. Birth certificates for children born without marriage registration that are not listed on the Family Card are only recorded as children of a mother. Through this research, it is hoped that it can provide a better understanding of the legality of issuing birth certificates for children resulting from marriages that are not legally registered. The results of this research can make an important contribution to the development of more inclusive legal policies and better protection of children's rights.

Dampak Putusan Mahkamah Konstitusi No. 46/Puu-VIII/2010 Terhadap Hukum Perkawinan Di Indonesia

The Constitutional Court has handed down the decision No. 46/PUU-VIII/2010 which brings a new paradigm in the family law system in Indonesia. Acceptance of judicial review of Article 2 paragraph (2) and Article 43 of Law no. 1 of 1974 concerning Marriage resulted in a decision stating that a child out of wedlock not only has a civil relationship with the mother and her mother's family, but also with her biological father as long as it can be proven by science and technology. The decision amends Article 43 paragraph 1 of Law no. 1 of 1974 concerning Marriage and reaped a lot of controversy. Most of the community stated that the decision legalized adultery. Therefore, the author raises the issue of the implications of the decision of the Constitutional Court no. 46/PUU-VIII/2010 on marriage law in Indonesia. The results of the discussion show that the decision has no effect on the provisions for registration of marriages as regulated in Article 2 paragraph (2) of Law no. 1 of 1974 concerning Marriage. However, it has big implications for the position of children born out of wedlock. Children born out of wedlock have the same rights as legitimate children, namely having kinship relations with biological fathers, maintenance, marriage guardians, and inheritance. The type of research used is library research using normative-juridical and juridical-sociological approaches. Sources of data were extracted from written materials such as legal texts such as law books, statutory regulations, compilations of Islamic law and journals relevant to the problems the authors discussed.

The Urgency of Registering Marriages In Jambi Province Based On The KHI of Maqāṣid Al-Syarīah Perspective

The aim of this research is to analyze specifically and in depth the urgency of registering marriages in Jambi Province based on the Compilation of Islamic Law from the Maqāṣid al-Syarīah perspective. The research method used is a type of qualitative research with the field research category. This research is also normative legal research, where the object can be public law, criminal law, civil law, family law, marriage law and so on. This research was conducted at the KUA in Jambi Province. The data sources in this research consist of primary and secondary data sources. The data collection techniques used in this research are observation, interviews and documentation. The results of this research show that marriage registration for the people of Jambi Province is very important. Based on the Maqāṣid al-Syarīah perspective, there is maṣlahah in registering marriages, namely to provide protection for the husband, wife and children in the family. If we pay attention to the legality of marriages in Indonesia, the state only recognizes registered marriages, on the basis of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law.

Pencatatan Pernikahan dan Batas Usia Pernikahan di Negara Muslim (Mesir, Maroko, Tunisia, Yordania, Turkiye, Pakistan, Malaysia, Indonesia)

Talking about Islamic Family law in the Muslim World as we know it, the provisions of all countries ar not the same. There are similarities but only a few. The similarity of these provisions starts from the pillars and terms, and also the existence of the same marriageable age. However, there are also some differences. Some countries also do not provide specific provisions. These provisions are only a formal requirement to legalize marriage. Therefore, marriage can be legalized in the eyes of law and religion. The implementation of Islamic family law in Muslim countries varies in terms of legal rules, legal practices, and legislation adopted by each country that identifies itself as an Islamic state or has a majority Muslim population. This diversity is caused by differences in the situations, conditions, and cultural backgrounds of the societies in these countries. Keywords: marrage law, marriage registration, marriage age limit

Registration of Interfaith Marriages from Maqashid Al-Syari'ah Perspective

Interfaith marriage today has become a social reality that cannot be avoided. Around the end of June 2022, there was a phenomenon of the acceptance of interfaith marriages by the Surabaya District Court. It suddenly made the clergy furious. Institutions like the MUI even asked the related court to cancel the decision. Apart from that, this paper wants to look at the problem of registering interfaith marriages from the perspective of Maqashid Al-Shari'ah. After conducting a study through the lens of Maqashid Al-shari'ah, the registration of interfaith marriages in the end, according to the author's conclusion, is maslahat juziyat hajiyat, which has been upgraded to maslahat juziyat daruriyat. Therefore, registering interfaith marriages is an important matter that the State must regulate and legalize.

KONFLIK HUKUM LEGALITAS PERKAWINAN BEDA AGAMA DI INDONESIA

This article explores legal conflicts regarding the legality of interfaith marriages in Indonesia. There was a legal conflict between the provisions in Article 2 paragraph (1) of Law No. 1 of 1974 concerning Marriage, which determines the validity of marriages based on religious law, with Articles 34 and 35 of Law No. 23 of 2006 concerning Citizenship Administration, which states that a valid marriage is reported and registered. Article 35, letter (a) says that the court determines a legal marriage. Disharmony of laws and regulations concerning interfaith marriage regulations has influenced the interpretation of legal provisions, resulting in differences in judges' decisions. This raises the question of harmonizing the legal provisions between these laws and regulations. Analysis of the problem of the legality of interfaith marriage law is carried out using a normative juridical approach by using Soerjono Soekanto's theory of legal effectiveness. The results of this study indicate that the disharmony of interfaith marriage law causes multiple interpretations for judges in determining the legality of interfaith marriages. Unclear regulations cause the legal rules of interfaith marriages in Indonesia to cause conflicts between legal institutions. The legal substance factor is the main root of the ineffectiveness of the regulations on interfaith marriages in Indonesia. Disharmony between legal authorities impacts conflicts between legal institutions and influences the practice of interfaith marriages in society.

Law Omission in Muslim Society: Inquiring Citizen Rights in the Administration of Islamic Family Law in Madura Indonesia

Understanding on the law omission seems controversial; some view it only as an interruption of normal life, and some discern it as an administrative violation. Differences in the understanding may produce difficulties in enforcing the administration of Islamic family law. In line with this context, while mapping forms of the law omission in various community groups, this study analyses reasons for differences of the understanding of it. This study was based on data collected from interviews, FGDs and Google Forms on three different community groups with religious structural characteristics in 4 regencies on Madura Island. This study revealed that social differences and social classes in a society have become a force that structures the society’ views or understanding of the law omission. Differences of the understanding have consequences for the levels of difficulties in enforcing the Islamic family law, especially in the administrative context, such as in cases of registration and dispensation of marriages. Structural differences that exist in a religious society become important to differentiate factors in an interpretation of a reality of life. This paper suggests to expand the observed cases and to provide additional data sources to enable an in-depth and comprehensive understanding of the impact of the law omission in the field of administration of Islamic family law.

Asas Kepastian Hukum dalam Aturan Sanksi Pelanggaran Pencatatan Perkawinan Undang-Undang Hukum Keluarga Malaysia

This article discusses the rules of sanctions against marriage registration violations in Malaysia. Unregistered marriages often negate the rights that must be fulfilled for both spouses and children. The imposition of sanctions for those who fail to register their marriages is oriented towards the highly essential welfare to establish legal certainty for Malaysian citizens who enter into marriage. This writing focuses on the violation rules of marriage registration under Article 125 of the Federal Territories Act 303 of Malaysia. This research employs a normative juridical approach with legislative and conceptual approaches using Gustav Radbruch's legal certainty theory. The results of this study indicate that the rules of sanctions for marriage registration violations in Malaysia are highly important and relevant in the application of the principle of legal certainty to protect the rights of citizens who enter into marriage. Â Â