Increasing Legal Awareness of Marriage Registration in The Pekoren Community, East Java

ABSTRACT: This study examines changes in the legal attitudes of the Pekoren community towards unregistered marriages (kawin sirri) and marriage registration. Unregistered marriages, often legitimized through religious and customary norms, lead to various social and legal implications, such as difficulties in obtaining inheritance rights, child custody, and legal protection for wives. The Pekoren community, predominantly Muslim and affiliated with Nahdlatul Ulama (NU), traditionally relies on kyai (religious leaders) as religious authorities to legitimize marriages. However, the influence of kyai has begun to decline due to increasing legal awareness and socio-economic modernization, fostering a preference for marriages officially registered at the Office of Religious Affairs (KUA). Factors such as generational change, gender advocacy, and economic modernization have heightened community awareness of the importance of marriage registration. Nevertheless, resistance to state law persists among those who strongly adhere to religious and cultural norms. This research explores sociolegal mechanisms that can facilitate the integration of religious or customary norms with the national legal system without erasing local cultural identity. The findings indicate that the interplay between social transformation shapes the Pekoren community’s legal awareness regarding marriage registration, the role of kyai, and economic factors. Thus, this study provides new insights into efforts to align local norms with the national legal system.

KEYWORDS: legal awareness, unregistered marriage, Pekoren society, social transformation.