Is An Un-registered Married Woman Protected in Indonesia?

摘要

Nowadays, there are some un-registered marriage cases which involved women in the world. One popular case in Indonesia is an Actress who married with a former ministary in New Order. In 2010, she claimed her marriage and child rights to the Constitutional Court. The Court decided that her child has his status as the son of the Actress and the Ministry meanwhile her status is not recognized as a wife. The main reason is her marriage was not registered. This situation is unfair, how can a woman who delivered her biological child does not recognized as a real mother in her wife status? In our point of view, state should not ignored the woman's rights either her marriage was registered or not particularly when the state legalized her child status through birth certificate. In the context of CEDAW and CRC, Indonesia should revise some regulations related with women who un-registered their marriages. It is a must in order to achieve equal justice before the law. Registration of a marriage process must be claimed as State obligation in order to fulfill its citizen's right in civil rights.