Unregistered Marriage in Cases of Out-of-Wedlock Pregnancy: A Legal-Psychological Analysis of the Practice and Its Implications

Abstract

Although Indonesian law requires marriages to be performed according to religious principles and officially registered, unregistered marriages remain a common practice, particularly in cases of out-of-wedlock pregnancy. This article examines the legal consequences of unregistered marriage and its psychological implications for adolescents who enter marriage following premarital pregnancy. The study employed a normative juridical method using a statutory approach by analysing relevant legislation and legal literature. The findings indicate that children born from unregistered marriages face limitations in obtaining legal recognition of paternal affiliation and related civil rights, including inheritance and administrative documentation, unless the marriage is subsequently validated through itsbat nikah or officially registered. From a psychological perspective, out-of-wedlock pregnancy frequently places adolescents under substantial emotional, social, and familial pressure, often resulting in early marriage despite limited psychological and economic readiness. Such circumstances may increase vulnerability to mental health difficulties, educational disruption, social stigma, and marital instability. These findings highlight the interconnected legal and psychological consequences of unregistered marriage and underscore the importance of strengthening marriage registration, enhancing legal awareness, and providing accessible psychosocial support for adolescents and families affected by out-of-wedlock pregnancy.