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VOL. 12, ISSUE 3 (2026)
Economic contribution as the basis for claiming joint marital property in unregistered marriages: A progressive law perspective
Authors
Muhammad Shobih Almuayyad, Kadek Wiwik Indrayanti, Diah Ayu Wisnuwardhani
Abstract
Unregistered marriages remain a significant
legal issue in Indonesia because they create legal uncertainty regarding the
status of property acquired during the marital relationship, particularly when
disputes arise. Indonesian positive law recognizes joint marital property as a
legal consequence of a valid marriage; consequently, the failure to register a
marriage limits legal protection for parties who have made economic
contributions in acquiring, maintaining, or developing such property. This
study aims to analyze the legal status of property arising from unregistered
marriages under Indonesian positive law and to examine the legal protection
afforded to parties who have made economic contributions from the perspective
of Progressive Law. This research employs a normative legal method using
statutory, conceptual, and case approaches. The legal materials consist of
primary, secondary, and tertiary legal sources, which are analyzed
qualitatively through a prescriptive method based on Gustav Radbruch's Theory
of Legal Certainty and Satjipto Rahardjo's Theory of Progressive Law. The
findings indicate that, under Indonesian positive law, property acquired during
an unregistered marriage is not automatically recognized as joint marital
property because such recognition depends on the legal validity of the marriage
and the ability to prove the origin and acquisition of the property. An
analysis of judicial decisions further demonstrates a growing tendency among
judges to consider the economic contributions made by the parties when
determining the protection of their civil rights. Accordingly, the Progressive
Law perspective regards economic contribution as a legal fact that deserves
judicial consideration in order to achieve a balance between legal certainty
and substantive justice in resolving property disputes arising from
unregistered marriages.
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Pages:251-258
How to cite this article:
Muhammad Shobih Almuayyad, Kadek Wiwik Indrayanti, Diah Ayu Wisnuwardhani "Economic contribution as the basis for claiming joint marital property in unregistered marriages: A progressive law perspective". International Journal of Law, Vol 12, Issue 3, 2026, Pages 251-258
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