FENOMENA CROSS-BORDER MARRIAGE DI MALAYSIA (STUDI TERHADAP ADMINISTRASI PERNIKAHAN MERENTASI SEMPADAN WARGA NEGARA-NEGARA MALAYSIA UTARA )

Affandi Maulana Firdaus, NIM.: 21103050065 (2025) FENOMENA CROSS-BORDER MARRIAGE DI MALAYSIA (STUDI TERHADAP ADMINISTRASI PERNIKAHAN MERENTASI SEMPADAN WARGA NEGARA-NEGARA MALAYSIA UTARA ). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Cross-border marriage between citizens of Northern Malaysia and Southern Thailand has become a complex socio-legal phenomenon, triggered by differences in administrative regulations and legal loopholes between countries. This practice is widely carried out by Malay Muslim couples to avoid bureaucratic procedures in Malaysia, such as requirements for polygamy permits, the presence of a guardian, and the lengthy marriage registration process. This study examines the administration of cross-border marriage in Thailand, the causal factors, and its legal implications, with case studies in the states of Perlis, Kedah, and Kelantan. Data shows a significant increase in syndicate marriage cases post-pandemic, reaching 641 cases in 2023, which has caused problems such as uncertainty about the legal status of children and difficulty in accessing marriage rights. This study is library research that uses a socio-legal approach with qualitative methods through in-depth interviews, and analysis of legal documents, including the Enakmen Undang-Undang in the Northern Malaysian States (Perlis, Kedah, and Kelantan) and the marriage regulations of Southern Thailand. The theoretical framework is based on the theory of forum shopping, which explains the strategies of couples in exploiting differences in legal systems in the marriage registration process. The data were analyzed thematically to identify administrative patterns and motivations of cross-border marriage actors. The results of this study revealed that the administrative practices of cross-border marriages held in Thailand generally take place simply and quickly, with requirements that are much lighter than the procedures in Malaysia. Couples only need to bring their identity, dowry, prospective wife, and two witnesses to carry out the marriage contract, without going through a strict bureaucratic process such as pre-marital courses, guardian permission, or approval from the Sharia Court. This study also revealed that there are three dominant factors that cause cross-border marriages: (1) procedural ease in Thailand (1-3-day process without health tests/pre-marital courses), (2) avoidance of polygamy permits from the Malaysian Sharia Court, and (3) rejection of lineage guardians. Legal implications include uncertainty of legal rights for children and difficulty in re-registering in Malaysia. Policy recommendations include harmonization of bilateral regulations and increased supervision of marriage syndicates

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