Akibat Hukum Praktik Kawin Kontrak di Puncak Kabupaten Bogor dalam Perspektif Hukum Islam dan Hukum Positif di Indonesia

Marriage is principally intended to establish a happy and enduring family. However, in practice at Puncak area of Bogor Regency has seen the growth of contract marriage, a practice that often resembles disguised prostitution and may facilitate the exploitation of women. This research aims to analyze the legal position and validity of contract marriage from the perspectives of islamic law and Indonesian positive law, as well as to explain its legal consequences for women and children. This study employs a normative juridical method through an examination of positive law, legal doctrine, and prior research, and applies both a statute approach and a case approach. The findings indicate that contract marriage is a time limited marriage that contradicts the objective of marital permanence under the Marriage Law. In Islamic law, the practice is equated with mut’ah marriage, which is prohibited, and if conducted it is deemed void by operation of law. Under Indonesian positive law, contract marriage is not recognized, and its agreement does not satisfy the legal requirements for a valid contract under Article 1320 of the Civil Code. As a result, women may lose civil rights such as maintenance, inheritance rights, and entitlements to joint marital property, while Out-of-Marriage Children may have a limited civil relationship only with the mother and the mother’s family. Therefore, contract marriage lacks validity under both Islamic law and Indonesian positive law and may generate legal, social, and moral harms, particularly for women and children.