KERENTANAN PRAAKAD DAN PRAPENCATATAN DALAM TRADISI MERARIQ (TINJAUAN KEPASTIAN HUKUM PERKAWINAN)

Abstract

This study examines the vulnerability of the precontract and preregistration phases in the Merariq tradition of the Sasak people and their impact on the legal certainty of marriage. Its urgency lies in the potential for inconsistency between customary social recognition and administrative recognition by the state, which can leave marital status in limbo and weaken the protection of rights, especially for women and children. The research employs a normative juridical approach, combining a statutory and customary law framework, and relies on secondary data sources, including marriage regulations, KHI, marriage registration regulations (including PMA Number 30 of 2024), and relevant scientific literature. The theories of legal certainty and legal pluralism guide the analysis. The literature review was conducted using Miles and Huberman's model, comprising data reduction, data presentation, and concluding. The findings show that pre-marriage agreements are vulnerable because women's consent may not be verified, there may be conflicts between guardians, and the delay in reaching an agreement increases social pressure. In preregistration, delays in registration or unregistered marriages weaken the certainty of status and the strength of evidence through marriage certificates, so that access to civil rights often depends on itsbat nikah (marriage validation). The main recommendation is to begin registering the intention to marry early in the process and to tighten document verification before the ceremony to avoid delays in registration.

Keywords: Merariq, precontract, preregistration, legal certainty, marriage registration