SINKRONISASI HUKUM ISLAM DAN HUKUM POSITIF INDONESIA DALAM MENYIKAPI FENOMENA PERKAWINAN SIRI: STUDI KUALITATIF DI KABUPATEN LUMAJANG

Abstract

The phenomenon of siri marriages is still a widespread social reality in Indonesian society, including in Lumajang District. Although in Islamic law siri marriages are considered valid if they fulfill the pillars and conditions, in Indonesian positive law, especially through Law No. 1/1974 and the Compilation of Islamic Law, marriage registration is an important requirement to obtain state legal recognition. The inconsistency between the community's understanding of religious law and the demands of formal legality has implications for the weak legal protection of women and children born from these marriages. This research aims to examine how synchronization between Islamic law and Indonesian positive law can be realized in addressing the practice of siri marriage, as well as analyzing the role of religious institutions and the state in the legal harmonization process. This research uses a qualitative approach with field study methods, in-depth interviews, and document analysis in Lumajang District. The results show that the practice of siri marriage in this area is driven by cultural, economic and religious understanding factors, while institutions such as the Office of Religious Affairs (KUA) have made various educative efforts to encourage official marriage registration. Legal synchronization can be realized through an integrative approach that brings together fiqh values with the principles of legal protection in a modern legal state.