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1
Winga, Kristantino, and Damianus Ngai Rupi. "Perspectives on Civil Law and the Canon Law of the Catholic Church in a Multireligious Society." Hanifiya: Jurnal Studi Agama-Agama 7, no. 1 (April 24, 2024): 41–50. http://dx.doi.org/10.15575/hanifiya.v7i1.33604.
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This research aims to explore the views of civil law and the Code of Canon Law regarding interfaith marriages, as well as their impact on individuals and society, especially in the Indonesian context. The method used is a comparative study, which allows an in-depth understanding of interfaith marriages. Interfaith marriage is a complex phenomenon with various legal implications, especially in the context of civil law and the Code of Canon Law of the Catholic Church. The background to this problem includes the growing differences in religious beliefs and practices in society, which has resulted in lawsuits regarding interfaith marriages. The results of the study reveal differences in civil law approaches, which tend to be secular and focus on legal aspects, while the Catholic Church's Code of Canon Law emphasizes spiritual and theological components. In the context of interfaith marriages, individuals entering into interfaith marriages face challenges in integrating two different beliefs. The conclusions of this study speak to the need for interfaith dialogue and collaboration between civil and church authorities to develop a more inclusive approach to interfaith marriage. Implementing policies that pay attention to legal and spiritual aspects can create a framework that supports diversity and social cohesion in an increasingly pluralistic society.
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Safarin, Muhammad Habiby Abil Fida, and Fatimah Fatimah. "Polemics on Interfaith Marriage: Law and Civil Law Perspectives." UNIFIKASI : Jurnal Ilmu Hukum 8, no. 2 (December 11, 2021): 262–71. http://dx.doi.org/10.25134/unifikasi.v8i2.5166.
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Marriage is seen as a bridge to a long journey that has shared visions and missions. We can not recklessly hold a wedding. There are a few things to be considered. Umumnya adalah budaya dan agama yang menjadi sorot utama ketika pemuda pemudi atau calon mempelai pria dan wanita akan melangsungkan pernikahan. Budaya merupakan hal yang juga akan dibawa ketika acara pernikahan akan dilangsungkan. Generally, culture and religion become the highlight once man and woman or prospective brides and grooms plan to get married. Culture is presented on the wedding day. However, a different culture is not allowed or prohibited. This also applies to religion. It becomes an important matter to consider before marriage. Marriage must be carried out according to each partner's religion. Thus, it is considered valid. In general, marriages are held in the same religion. However, this study will discuss massive interfaith marriages done by young people in Indonesia. The study employed a literature approach. This approach requires more reading and collecting library data. The findings generated new ideas in civil matters, the registration of interfaith marriages and the challenges of holding such marriage. In conclusion, interfaith marriages bring countless problems if they insist.
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Kwirinus, Dismas. "Pencatatan Perkawinan Campuran Beda Agama Berdasarkan Hukum Kanonik dan Hukum Positif." Kamaya: Jurnal Ilmu Agama 7, no. 1 (February 9, 2024): 1–11. http://dx.doi.org/10.37329/kamaya.v7i1.2809.
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The focus of this research examines the registration of mixed religious marriages based on canon law and positive law. The topic of study is related to the legal instruments governing mixed religious marriages, the implementation of mixed religious marriages based on Church law and positive law. The aim of this study is to serve as a guideline for government agencies that have firm authority regarding marriage and everything related to marriage. Researchers used descriptive qualitative methods and critical reading of texts, namely: (1) Canon Law 1124-1129; (2) Law Number 1 of 1974 article 2 paragraph (1) in conjunction with article 66; (3) Law Number 23 of 2006. The results and findings in this research are that interfaith marriages can be obtained and registered with the Civil Registry Officer and obtain a Deed and Excerpt from the Marriage Certificate, requiring first a decision from the court as regulated in article 35 Law no. 23 of 2006. Meanwhile, marriages issued by the Catholic Church do not receive enough Marriage Certificate Excerpts from the Population and Civil Registration Service. The conclusion from this research is that the implementation of a Mixed Mexta Religio marriage must first obtain a license from the Church authorities, because the marriage is a prohibited marriage. It is seen as a prohibition because there are many elements of similarity and togetherness between the Christian and Catholic Churches. Meanwhile, Marriage Disparity Cultus is seen as an obstacle to marriage (impedimentum disparity cultus) and to confirm this marriage a dispensation is needed.
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Hasyyati, Astrid Amidiaputri, Budi Hermono, and Nurul Hikmah. "Pengaturan Perkawinan Beda Agama Antara Penganut Agama Islam dan Katolik, Studi Kasus: Penetapan No. 916/Pdt.P/2022/PN Sby." Notaire 6, no. 2 (June 14, 2023): 193–214. http://dx.doi.org/10.20473/ntr.v6i2.44193.
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AbstractMarriage as part of human rights, especially the right to have a family related to aspects of religion, culture, and state legal policies. Indonesia as a constitutional state provides strict marriage arrangements in the Marriage Law. Even so, there is a phenomenon in society related to the existence of interfaith marriages, especially between adherents of Islam and Catholicism. Today the Surabaya District Court determines the continuity of interfaith marriages through Decree No. 916/Pdt.P/2022/PN.Sby. This research is a normative legal research using statutory, conceptual and case approaches. The results of this study confirm that the application of court decisions, especially the jurisprudence of the Supreme Court in interfaith marriages, must be viewed in a casuistic way and not be the same for everyone (erga omnes). This also emphasizes that marriage is always related to aspects and laws of each religion and beliefs held by each. Thus, in cases of interfaith marriages, it is necessary to pay attention to the provisions of Islamic Law and Canon Law or the Church regarding the implementation of interfaith marriages between Muslims and Catholics.Keywords: Interfaith; Marriage; Human Rights. AbstrakPerkawinan sebagai bagian dari hak asasi manusia khususnya hak berkeluarga yang berkaitan dengan aspek keagamaan, kebudayaan, serta kebijakan hukum negara. Indonesia sebagai negara hukum memberikan pengaturan perkawinan secara tegas dalam UU Perkawinan. Meski begitu, terdapat fenomena di masyarakat terkait adanya perkawinan beda agama khususnya antara penganut Agama Islam dengan Agama Katolik. Dewasa ini Pengadilan Negeri Surabaya menetapkan keberlangsungan perkawinan beda agama melalui Penetapan No. 916/Pdt.P/2022/PN.Sby. Penelitian ini merupakan penelitian hukum normatif dengan menggunakan pendekatan peraturan perundang-undangan, pendekatan konseptual, serta pendekatan kasus. Hasil penelitian ini menegaskan bahwa penerapan putusan pengadilan khususnya yurisprudensi Mahkamah Agung dalam perkawinan beda agama harus dilihat secara kasuistis serta tidak bersifat sama untuk semua orang (erga omnes). Hal ini juga mempertegas bahwa perkawinan selalu berkaitan dengan aspek serta hukum masing-masing agama dan kepercayaan yang dianut oleh masing-masing. Dengan demikian, dalam kasus perkawinan beda agama perlu memperhatikan ketentuan Hukum Islam dan Hukum Kanonik atau Gereja terkait pelaksanaan perkawinan beda agama antara Islam dan Katolik. Kata Kunci: Beda Agama; Hak Asasi Manusia; Perkawinan.
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Ade Witoko, Prasetyo, and Ambar Budhisulistyawati. "PENYELUNDUPAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA." Jurnal Hukum dan Pembangunan Ekonomi 7, no. 2 (August 2, 2019): 251. http://dx.doi.org/10.20961/hpe.v7i2.43015.
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<p>Abstract <br />This article aims to find out about interfaith marriage arrangements carried out through legal smuggling in Indonesia. This study is a descriptive doctrinal legal research. Data sources from this article are in the form of primary legal material and secondary legal material. The technique of collecting legal material in this article is the library study technique. The approach in this research is the legislative approach. The result of the article is that marriage according to the Marriage Law is a marriage carried out according to each religion and belief. So that marriage is considered valid if according to the religion and beliefs of each prospective husband and wife is also valid. Every religion cannot authorize interfaith marriages, because all religions want their followers to marry the same religion, it can be concluded that interfaith marriages are not legal, because they are not in accordance with the contents of the Marriage Law, namely marriage is valid if carried out according to each religion -one, then avoidance of the law that should apply or can be said to be an act of legal smuggling.<br />Keywords: Marriage; Different Religion Marriage; Law Smuggling</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui mengenai pengaturan perkawinan beda agama yang dilakukan melalui penyelundupan hukum di Indonesia. Penelitian ini adalah penelitian hukum doktrinal bersifat deskriptif. Sumber data dari artikel ini yaitu berupa bahan hukum primer dan bahan hukum sekunder. Tehnik pengumpulan bahan hukum dalam artikel ini adalah tehnik studi kepustakaan. Pendekatan dalam penilitian ini adalah pendekatan perundang-undangan. Hasil artikel yaitu perkawinan menurut Undang-Undang Perkawinan adalah perkawinan yang dilaksanakan menurut agama dan kepercayaan masing-masing. Sehingga perkawinan dianggap sah jika menurut agama dan kepercayaan masing-masing calon suami istri tersebut juga sah. Setiap agama tidak bisa mengesahkan perkawinan beda agama, karena semua agama menginginkan umatnya untuk menikah dengan yang seagama, maka dapat disimpulkan bahwa perkawinan beda agama tidak sah, karena tidak sesuai dengan isi Undang-Undang Perkawinan yaitu perkawinan adalah sah apabila dilaksanakan menurut agama dan kepercayaan masing-masing, maka dilakukan penghindaran terhadap hukum yang seharusnya berlaku atau dapat dikatakan sebagai tindakan penyelundupan hukum.<br />Kata Kunci : Perkawinan; Perkawinan Beda Agama; Penyelundupan Hukum</p>
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Fajri, Yan, and Wedi Afri. "Analisis Putusan Pengadilan Negeri Surabaya Nomor:916/Pdt.P/2022/Pn.Sby Tentang Perkawinan Beda Agama." USRATY : Journal of Islamic Family Law 1, no. 1 (October 30, 2023): 90. http://dx.doi.org/10.30983/usraty.v1i1.6527.
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<p>Realitanya saat ini, masih ada Muslim dengan non Muslim yang melangsungkan perkawinan beda agama. Perkawinan dapat dilakukan dengan mengajukan permohonan perkawinan beda agama ke pengadilan. Tujuan penelitian ini untuk menganalisis pertimbangan hakim terhadap pemberian izin perkawinan beda agama dan dampak terhadap anak yang dilahirkan dari perkawinan beda agama. Metode dalam penelitian menggunakan metode (library research) dengan melakukan analisis terhadap putusan-putusan PN terdahulu yang berkaitan dengan materi ini. Teknik dalam pengumpulan bahan dan data dalam metode ini diambil dari berbagai literatur kepustakaan seperti buku dan jurnal. Hasil penelitian ini adalah penulis menyatakan tidak setuju atau menolak terhadap pertimbangan-pertimbangan hakim dalam mengabulkan permohonan perkawinan beda agama di Pengadilan Negeri Surabaya Perkara Nomor: 916/Pdt.P/2022/Pn.Sby. Terkait dalam memutuskan dan mengabulkan perkawinan beda agama dalam putusan tersebut, hakim tidak mempedomani UU No. 1 Tahun 1974 tentang Perkawinan Pasal 2 ayat (1), Instruksi Presiden Republik Indonesia No. 1 Tahun 1991 tentang Kompilasi Hukum Islam (KHI) Pasal 4, 40, 44, dan 61, keputusan MUI (Majelis Ulama Indonesia) melalui Keputusan Nomor 4/MUNAS VII/MUI/8/2005, Keputusan NU (Nahdatul Ulama) dalam fatwa yang disahkan dalam muktamar kedua puluh delapan di Yogyakarta pada akhir November 1989, dan keputusan organisasi Muhammadiyah dalam Keputusan Muktamar Tarjih ke-22 Tahun 1989 di Malang Jawa Timur. Sedangkan salah seorang calon mempelai merupakan beragama Islam. Dalam Islam, perkawinan beda agama dilarang dan tidak dihalalkan. Apabila hakim pertimbangan keputusan-keputusan tersebut sebagai pedoman dalam menetapkan perkawinan beda agama, maka dengan mempertimbangkan keputusan-keputusan tersebut hakim tidaklah mengabulkan permohonan perkawinan beda agama.</p>The current reality is that there are still Muslims and non-Muslims who enter into interfaith marriages. Marriage can be carried out by submitting an application for an interfaith marriage to the court. The aim of this research is to analyze the judge's considerations regarding granting permits for interfaith marriages and the impact on children born from interfaith marriages. The research method uses a library research method by analyzing previous PN decisions related to this material. The techniques for collecting materials and data in this method are taken from various literature such as books and journals. The results of this research are that the author stated that he did not agree or reject the judge's considerations in granting the request for interfaith marriage at the Surabaya District Court Case Number: 916/Pdt.P/2022/Pn.Sby. Regarding deciding and granting interfaith marriages in this decision, the judge did not follow Law no. 1 of 1974 concerning Marriage Article 2 paragraph (1), Instruction of the President of the Republic of Indonesia No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 4, 40, 44, and 61, the decision of the MUI (Indonesian Ulema Council) through Decision Number 4/MUNAS VII/MUI/8/2005, the NU (Nahdatul Ulama) decision in the fatwa issued ratified in the twenty-eighth congress in Yogyakarta at the end of November 1989, and the decision of the Muhammadiyah organization in the 22nd Tarjih Congress Decree of 1989 in Malang, East Java. Meanwhile, one of the prospective bride and groom is Muslim. In Islam, interfaith marriages are prohibited and not permitted. If the judge considers these decisions as guidelines in determining interfaith marriages, then by considering these decisions the judge will not grant the request for interfaith marriage
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Hamim, Khairul, Muhammad Iskandar, and Muhammad Azizurrohman. "Interfaith Marriage in North Lombok: Sociological Perspective of Islamic Law." Khazanah Hukum 4, no. 2 (August 6, 2022): 129–38. http://dx.doi.org/10.15575/kh.v4i2.19657.
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Interfaith marriage has no legal foundation. However, this marriage practice is still carried out among the people of North Lombok. Using a purposeful sampling methodology, the authors used a descriptive qualitative method to collect data from several interviewees, including village heads, religious leaders, and interfaith marriage players. According to this study, interfaith marriage requires the bride to follow the religion of her prospective spouse. Environmental factors, kinfolk or kindred, married by accident, sociocultural factors, a lack of religious knowledge, and transmigration all contribute to this marriage. At the very least, this marriage psychologically affects spouses and families. It also has an impact on the religious peace of the surrounding communities. In the meantime, interfaith leaders advise against interfaith weddings.
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Romli, Muhammad, Nurul Huda, and Aspandi Aspandi. "Pencatatan Perkawinan Beda Agama di Indonesia." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 7, no. 2 (December 28, 2022): 377–405. http://dx.doi.org/10.31538/adlh.v7i2.2877.
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Law of Marriage which constitutes a product of Indonesian people regulating any aspects of marriage into a regulation for any Indonesian people, this is not to say that this regulation is perfect and away from any legal issues, one of which is interfaith marriage, with the uncertainty of interfaith marriage law in Marriage Law results in different verdict particularly in interfaith marriage registry in Indonesia. This study used a legal research method and this study used approach methods namely historical, conceptual and legislative approach. Legal entities used in this study include normative-primary, secondary, and tertiary legal entity which was applied in the manner of observation, collection and literary study of document either conventionally or through internet. Study results on interfaith marriage held in Indonesia suggested that neither the Religious Affairs Office (KUA) nor the Population and Civil Registry Office (Disdukcapil) shall accept it. Despite interfaith marriage in Indonesia has been set out in Law of Population Administration (Adminduk) and registered in Indonesia, as it is tied to stipulation outcome of District Court. Should the district court grant the request of interfaith marriage, then the Population and Civil Registry Office shall report interfaith marriage and otherwise.
Keywords: Marriage Registry, Interfaith Marriage
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Fikri, Aik Fauzan, Pepe Iswanto, and Ayi Ishak Sholih Muchtar. "Kebolehan Pernikahan Beda Agama menurut Undang-Undang Nomor 1 Tahun 1974 dan Kompilasi Hukum Islam." Istinbath | Jurnal Penelitian Hukum Islam 14, no. 2 (November 5, 2020): 191. http://dx.doi.org/10.36667/istinbath.v14i2.481.
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This study aims to determine the legal provisions of interfaith marriage, both according to Law Number 1 of 1974 concerning Marriage and according to the Islamic Law Compilation. The study used a content analysis method by comparing the legal provisions of interfaith marriage according to the two legal sources. The results showed that interfaith marriage according to Law Number 1 of 1974 concerning Marriage was actually prohibited, in accordance with Article 2 paragraph (1) and Article 8 letter (f) of Law No.1 of 1974. Interfaith marriage is also prohibited according to the Legal Compilation Islam according to articles 40 to 44 and article 61 that marriage is prohibited
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Hedi, Fathol, Abdul Ghofur Anshori, and Harun Harun. "Legal Policy of Interfaith Marriage in Indonesia." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 263. http://dx.doi.org/10.20956/halrev.v3i3.1297.
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Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith) of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.
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Sidiqah, Meliyani. "LEGAL VACUUM IN INTERFAITH MARRIAGE RULES IN INDONESIA." IBLAM LAW REVIEW 3, no. 1 (January 30, 2023): 99–110. http://dx.doi.org/10.52249/ilr.v3i1.119.
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The legal vacuum regarding the rules of interfaith marriage was not something new. However, this matter has not been resolved by the Government of Indonesia. After the Marriage Law’s promulgation, the rules of interfaith marriages "disappeared", even though before the promulgation of the Marriage Law, interfaith marriages were regulated clearly and firmly. The phenomenon of interfaith marriage in society which was very difficult to avoid was an essential point of concern for the state to accommodate the rules regarding interfaith marriages. This article discussed the phenomenon of interfaith marriages in Indonesia and the legal rules of interfaith marriages before and after the promulgation of the Marriage Law. This article was the result of normative juridical research using the statutory approach method. The data used was secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials, which were collected from the literature and then analysed using qualitative analysis methods. Based on the research results, many Indonesian people still carry out interfaith marriages in Indonesia, and the rules of interfaith marriages formulated in the Marriage Law are inadequate. The Indonesian government must accommodate interfaith marriage arrangements in order to provide legal certainty to all people.
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Hidayat, M. Taufiq, Ali Nu'man, Ashabul Yamin, Hafidh Hafidh, and Kasuwi Saiban. "Hukum Islam dan Hukum di Indonesia tentang Pernikahan Beda Agama." ARZUSIN 3, no. 1 (February 1, 2023): 11–27. http://dx.doi.org/10.58578/arzusin.v3i1.822.
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This research aims to examine the perspective of Islamic law regarding interfaith marriage. The method used is qualitative, with a comparative approach. In the study of Islamic law, interfaith marriages are classified into three categories: marriages between Muslim men and polytheistic women; Muslim man's marriage to ahlulkitab woman; and the marriage of Muslim women to non-Muslim men. Regulatively, interfaith marriages in Indonesia do not have legal force, because Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law as positive law has prohibited interfaith marriages. Therefore, the Office of Religious Affairs and the Civil Registry will not carry out administrative records of interfaith marriages.
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Sonafist, Y., and Henny Yuningsih. "Islamic Law, the State, and Human Rights: The Contestation of Interfaith Marriage Discourse on Social Media in Indonesia." JURIS (Jurnal Ilmiah Syariah) 22, no. 2 (December 28, 2023): 381. http://dx.doi.org/10.31958/juris.v22i2.10934.
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This study aimed at explaining the contestation of interfaith marriage discourse on social media, specifically on Instagram. The issue of interfaith marriage was quickly responded by social media users, not only by posting on their own accounts, but also by commenting on those posts of other people’s accounts. This study attempted to map Instagram media users’ comments on posts about interfaith marriage and to see the contestation of these comments in the context of the discourse on Islamic law, the state, and human rights in Indonesia. Qualitative research method was used in conducting this study. Data were collected from netizens’ comments on the issue of interfaith marriage, specifically the issue of interfaith marriage conducted by a member of Presidential Special Staff, the District Court’s decision on granting the interfaith marriage, and the Supreme Court’s circular on interfaith marriage. These comments were randomly selected and then analyzed using qualitative content analysis methods. This study found that: first, there were two response models for social media users when commenting on the issue of interfaith marriage on Instagram, they were the responses of acceptance and rejection. The narrative of the comments that accepted the idea of interfaith marriage emphasized human rights, diversity, freedom, and criticized the state’s involvement in private matters. Meanwhile, the narrative of comments that rejected the idea of interfaith marriage mostly refered to the provisions of Islamic law and state law. Second, based on these two response models, there was a contestation over the discourse of interfaith marriage in the context of Islamic law, the state, and human rights. However, this contestation was not based on a deep understanding of human rights and legal discourse. This contestation might have an impact on the public’s lack of legal understanding of interfaith marriage and had the potential to cause conflict on social media. This study confirmed that contestation of legal discourse came not only from people who had authority, but also from people who did not have in-depth legal knowledge.
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Eka Aditya, Mochammad Rizky, Dinda Khoirunnisa, Fawwas Fawwas, Ajid Qiston, and Aisyah Zarah Azizah. "The Problem of Interfaith Marriage in Indonesia: A Juridical-Normative Approach." El-Usrah: Jurnal Hukum Keluarga 6, no. 2 (December 30, 2023): 456. http://dx.doi.org/10.22373/ujhk.v6i2.20059.
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Interfaith marriage is a marriage between the bride and groom of different religions and beliefs which is a problem in Islamic law in Indonesia. The regulation regarding the prohibition of interfaith marriage is affirmed in Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage. The focus of this study is to analyze the Indonesian legal rules regarding interfaith marriage that are increasingly emerging in Indonesia. The research method uses normative juridical legal methods, data collection techniques namely by analyzing articles, books and references related to the discussion. The results showed that interfaith marriage is not justified in Indonesian legislation with the argument that interfaith marriage is contrary to the religious teachings of Indonesian citizens and can eliminate the basic rights of marriage for husbands, wives and children. As a result of the ban on interfaith marriage, Indonesian citizens are guaranteed legal protection during marriage and after divorce.
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Sholikah, Dwi Imroatus. "Legalitas Perkawinan Beda Agama dalam Sudut Pandang Undang-Undang Perkawinan dan Undang-Undang Administrasi Kependudukan Dikaitkan dengan Hak Asasi Manusia." Jurnal Bedah Hukum 7, no. 1 (April 30, 2023): 98–120. http://dx.doi.org/10.36596/jbh.v7i1.1017.
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The background of this research is that interfaith marriages are not explicitly regulated in Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage, so there is a legal vacuum to strictly regulate interfaith marriages in Indonesia. This is because more and more people in Indonesia are doing interfaith marriages. With the Law no. 23 of 2006 concerning Population Administration (UU Adminduk) can accommodate interfaith marriages being disabled, but in practice it is best not to do so. Article 35 letter a of the Adminduk Law relating to interfaith marriages is a special rule that overrides more general regulations and does not erase old provisions, so that Law no. 16 of 2019 concerning Amendments to Law no. 1 of 1974 concerning Marriage is still valid in the national regulatory system in the field of marriage. With the existence of rules that prohibit interfaith marriages as a solution to overcome the legal vacuum by not giving rights to interfaith marriage actors to register their marriages through a court order. As for the legality of marriage materially, it still returns to the laws of their respective religions, while with regard to formal, civil law relations arising from marriage, if the marriage has received legal recognition, then everything is protected by law. The rejection of interfaith marriages in Indonesia is basically a discriminatory act that is not in accordance with the principles of Human Rights (HAM) itself. However, humans are obliged to prioritize their basic human obligation to comply with their religious laws and the state as law enforcer needs to regulate prohibitions on interfaith marriages so that violations do not occur in society.
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Ahmad Azmi Perkasa Alam and M. Idris. "Review of Positive Law and Fiqh Law on Interfaith Marriages." QANUN: Journal of Islamic Laws and Studies 1, no. 1 (September 29, 2022): 47–52. http://dx.doi.org/10.58738/qanun.v1i1.42.
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This study describes a review of positive law and fiqh law on interfaith marriages. Marriage is the result of affection between men and women, so limiting marriage to religion is one of the conflicts that often occurs, interfaith marriage is something that is difficult to separate, especially those who adhere to the teachings of pluralism in Indonesia. So from here the researcher considers it important to raise the problems that occur in interfaith marriages, in this study the author uses a descriptive method, namely to provide data that is as accurate as possible about the problems discussed. This descriptive method is intended to get a good, clear and can provide data as accurately as possible about the object under study. Data collection techniques using library research techniques. The selection of literature is carried out as carefully as possible by considering the author's authority in the field under study. This study also examines in detail the law of interfaith marriage in terms of Islamic law following the as-Syafi'i school, and also links civil law and positive law in Indonesia, as well as the MUI fatwa.
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Wijayati, Mufliha. "Memahami Larangan Kawin Beda Agama di Indonesia (Kajian Filsafat Hukum Islam)." Istinbath : Jurnal Hukum 19, no. 01 (June 30, 2022): 159–79. http://dx.doi.org/10.32332/istinbath.v19i01.6968.
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This article explains the ratio legis of prohibition of interfaith marriage in Indonesia. Indonesia has indirectly prohibited interfaith marriage through the marriage law, the Compilation of Islamic Law, and the fatwa of the Indonesian ulama Council (MUI). The research data was obtained from a literature review of theworks of scholars who discussed the wisdom prohibiting interfaith marriage. Althought there are differences of opinion and interpretation in figh discourse regarding the legal statur of interfaith marriage, depending on personal and political situations, this article argues that the state still priotitizes to choose a life partner, which is the argument of advocates of the legality of interfaith marriage. This prohibition is based on views related to personal (theological) and communal (political) beliefs, that the purpose of marriage is to achieves a happy, peaceful, and loving family which is difficult to achieve in interfaith marriage. This overarching narrative is still maintained, although efforts to amend it are made in vatious ways
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Firdaus, Muhammad Ihsan. "The Legalization of Interfaith Marriage in Indonesia (Between Universalism and Cultural Relativism)." Easta Journal Law and Human Rights 1, no. 02 (February 28, 2023): 64–72. http://dx.doi.org/10.58812/eslhr.v1i02.52.
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In the context of positive law in Indonesia, interfaith marriage is not recognized, because according to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a valid marriage is based on the laws of each religion and belief. However, this is not enough to accommodate the development of marriage law in Indonesia, such as in the case of Judgement Number 508/Pdt.P/2022/PN JKT.SEL whose gives permission to applicants who are bound by marriage but of different religions to register their marriage at South Jakarta Department Population and Civil Registration Agency. So based on this, this research aims to find out how the concept of universalism and cultural relativism is in the context of interfaith marriage and how is the legalization of interfaith marriage in Indonesia in the context of marriage as one of the non-derogable human rights. This research uses legal research methods. So that the results of this research found that, first, interfaith marriages in Indonesia still do not have clear and firm regulations, giving rise to legal uncertainty and legal vacuum, the principle of universalism is more relevant in the context of interfaith marriages in Indonesia than the cultural relativism concept. Second, the state can issue an Interfaith Marriage Book as a form of legalizing interfaith marriages in Indonesia and providing legal certainty.
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Simajuntak, Herry Anto. "A Interfaith Marriage based on Positive Law and Protestantism Perspective." Al Ahkam 18, no. 2 (January 24, 2023): 30–36. http://dx.doi.org/10.37035/ajh.v18i2.7741.
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Interfaith marriage is currently being widely discussed and is actually not a new thing for the multicultural Indonesian people. The marriage has occurred in the community (in various social dimensions) and has been going on for a long time. However, it does not also mean that the issue of interfaith marriage is not a problem, in fact it tends to always reap controversy among the public. There is an assumption that the cause is the existence of Law no. 1 of 1974 as amended by Law no. 16 of 2019 concerning Marriage, which does not accommodate interfaith marriage issues. The problems that have arisen recently are interfaith marriages are also widely opposed among the community, for example among Protestant Christians, because interfaith marriages are still considered taboo because according to Protestant Christianity, interfaith marriages will cause new problems in the future for descendants and in administration. Therefore, until now, there is no Protestant Christian religious leader who has agreed to legalize interfaith marriages because it is written in the Bible 2 Corinthians 6:14, which reads: "Do not be an unequal partner with unbelievers". Whereas, an unequal partner means that there are the differences in belief, so that according to the Protestant Christian faith, interfaith marriages are not approved. The prohibition of interfaith marriages is also the same as the view of Islam as stated in the Central MUI Fatwa Number: 4/Munas/VII/MUI/8/2005 which emphasizes the prohibition of interfaith marriages, both marriages between a Muslim woman and a non-Muslim, as well as marriages between a Muslim woman and a non-Muslim woman. a Muslim man with a woman of the people of the book.
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Megawati, Megawati. "Ketentuan Hukum Positif Indonesia Dalam Mengatur Perkawinan Beda Agama dan Akibat Hukumnya." JOURNAL of LEGAL RESEARCH 4, no. 4 (September 25, 2022): 893–906. http://dx.doi.org/10.15408/jlr.v4i4.28234.
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Compilation of Islamic Law discussion of interfaith marriage is regulated in the chapter on marriage prohibition which is described in articles 40 to 44. This study aims to determine the provisions of positive Indonesian law in regulating interfaith marriages. In addition to knowing the law of interfaith marriage according to positive Indonesian law. This study uses a qualitative research method with a statutory approach. The results of the study stated that there were negative consequences of interfaith marriages, both from the psychological and juridical aspects. The psychological aspect is indicated by the waning and not achieving the goals of domestic life. This interfaith marriage slowly destroys the happiness in the household. In addition to fighting over the influence of children to follow the teachings of their respective religions which causes children to be mentally disturbed.
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Muhammad, Nova Effenty. "Realitas Perkawinan Beda Agama Perspektif Keluarga Sakinah." Al-Mizan 16, no. 2 (December 31, 2020): 273–98. http://dx.doi.org/10.30603/am.v16i2.1830.
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This paper concentrates on a happy family in Interfaith Marriage. According to the majority ulama, marriage is a theological activity that couple interfaith marriage will not a happy family. In this paper, I examine the interfaith marriage couple can be a happy family. Specifically, I ask how to concept a happy family according to the interfaith married couples? Further, how to manage family conflict on interfaith marriage for to get a happy family? To analyse a happy family on interfaith marriage couple, I use a qualitative analysis method with three approaches: Islamic law, sociology and psychology context. I use data collection methods with observation, interviews, and documents. This research argues that religion is not a major factor in a happy family because interfaith marriage can be a happy family. Worries Ulama that interfaith couples cannot be a happy family does not happen. The contribution of this study as the antithesis according to ulama about interfaith marriage, that happiness is not correlated with religion.
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Trisnawijayanti, Anak Agung Istri Agung Nindasari, and Anak Agung Istri Ari Atu Dewi. "THE LEGALITY OF INTERFAITH MARRIAGE CONDUCTED ABROAD IN THE PERSPECTIVE OF INDONESIAN LAW." POLICY LAW NOTARY AND REGULATORY ISSUES (POLRI) 2, no. 2 (March 11, 2023): 117–25. http://dx.doi.org/10.55047/polri.v2i2.572.
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Based on the provisions of the legislation that applies positively in Indonesia, it is stated that interfaith marriages cannot be carried out. However, it turns out that interfaith marriages still occur as a result of social interaction among all Indonesian citizens, so the interfaith couples carry out their marriages abroad. Interfaith marriages are implicitly not specifically regulated in the Marriage Law. The problem studied in this paper is how the legality of interfaith marriages abroad in the perspective of Indonesian law. The purpose of this study is to find out the legality of interfaith marriages abroad in the perspective of Indonesian law. This research uses a normative method by reviewing the laws and regulations related to the legal issues under study. The results of the study concluded that the legitimacy of interfaith marriages outside the jurisdiction of Indonesia was invalid because it violated several articles in the Marriage Law. If interfaith marriages abroad still occur, then the marriage is a violation of the law.
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Wahyuni, Sri, Resti Dian Luthviati, Muhammad Jihadul Hayat, and Utkarsh K. Mishra. "The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen." BESTUUR 10, no. 1 (August 6, 2012): 12. http://dx.doi.org/10.20961/bestuur.v10i1.64330.
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Interfaith marriages have long been a debated issue of marriage law in Indonesia. Since the marriage law was issued, there has been no clear legal stance governing interfaith marriage, particularly when involve Muslim/ah bride or groom. While the fact is, interfaith marriage is an unstoppable reality in the plural society. Not being recognized for its legitimacy according to Indonesian regulation makes the interfaith couples think to utilize out of the box solution that is conducting marriage overseas. The problem is whether interfaith marriages abroad can be considered legal in Indonesia and how is the registration process in Indonesia after their arrival. This study aims to explain the process of registering interfaith marriages carried out outside Indonesia after the couples return to Indonesia. The data was collected through the study of primary legal materials of Indonesian marriage laws and lower regulations. Data were also collected through interviews. This article argues that interfaith marriages are not well regulated in Indonesia. Therefore their validity cannot be justified. Interfaith marriages conducted abroad can be registered at the civil registry office. The civil registry office does not question the validity of the marriage.
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Aulia, Mohamad Mohamad Faisal, and Amin Mukrimun. "TINJAUAN HUKUM TERHADAP HAK ANAK DALAM PERKAWINAN BEDA AGAMA." Usroh: Jurnal Hukum Keluarga Islam 6, no. 1 (June 27, 2022): 46–61. http://dx.doi.org/10.19109/ujhki.v6i1.11658.
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The polemics and controversies of interfaith marriages in Indonesia are still due to the uncertainty of the laws governing them. The reality in the interfaith marriage community is that there is no legal certainty in it. This makes children born from interfaith marriages protected by the state as regulated in Law no. 23 of 2002 concerning Child Protection Article 1. Meanwhile, according to Islamic law a child can be said to be legitimate if he has a lineage with his father if he is born from a legal marriage, this makes the child can be called a legitimate child. This study uses a normative juridical method with a normative theological approach. This research is classified as library research. The results of this study indicate that according to the applicable positive law, namely Law Number 1 of 1974 concerning Marriage, it does not recognize interfaith marriages, so interfaith marriages cannot be legalized in Indonesia. Marriages of Muslim couples are registered at the Office of Religious Affairs (KUA) and marriages of non-Muslim religious couples are registered at the Civil Registry Office (KCS). Legal protection for children according to Islamic law is the fulfillment of all children's needs for the future. As contained in the QS. At-Thala verse 6, children will get education and health insurance, only if the child is born from an unregistered interfaith marriage then he only has a nasab relationship with his mother because interfaith marriage is an illegitimate marriage and will lead to adultery. Keywords: Interfaith Marriage; Legal Review; Children's Rights
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Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i1.455.
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The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
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Shaleh, Muhammad. "Hukum Perkawinan Berbeda Agama Menurut Kompilasi Hukum Islam (KHI)." As-Syar'i: Jurnal Bimbingan & Konseling Keluarga 1, no. 2 (December 1, 2019): 182–95. http://dx.doi.org/10.47467/as.v1i2.455.
Full textAbstract:
The marriage law of different religions according to KHI. The purpose of this research is the response to a phenomenon that often occurs recently in society, especially urban communities. Interfaith marriages are taboo, because marriage is something sacred. Because every religion, especially Islam, has very clearly regulated marriage procedures. If there is a marriage of different religions, it is feared that there will be deviations in religion, because in fact marriage is to perfect religion and marriage is a very noble worship. Interfaith marriages will obscure the position of the wife, the lineage of a child's descendants, and of course the applied religion will be mixed with the teachings of the partner's religion and Islam itself prohibits interfaith marriages on these grounds. Interfaith marriages will only cause problems, so many parties are against this interfaith marriage, because by looking at facts like this, we can argue that interfaith marriages have been a debate for a long time. And although the formal legal acknowledgment of this permit has not been written, in practice the number of people who marry between different religions continues to increase, so how exactly does the legal view of the compilation of Islamic law respond to this problem. In this study, it will be explained globally about the marriage law of different religions and the reality that occurs in society.
Keywords: Marriage Law, Different Religions, KHI
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Junaidi, Mila Surahmi, Desmawaty Romli, Citra Dewi Saputra, and Liza Nofianti. "Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province." IJCS 1, no. 3 (November 7, 2021): 225–30. http://dx.doi.org/10.51601/internationaljournalofcommunityservice.v1i3.39.
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Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.
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Junaidi, Mila Surahmi, Desmawaty Romli, Citra Dewi Saputra, and Liza Nofianti. "Legal Counseling On Civil Rights Due To Marriage Different Religions In Ogan Ilir Regency – South Sumatra Province." International Journal Of Community Service 1, no. 3 (November 7, 2021): 225–30. http://dx.doi.org/10.51601/ijcs.v1i3.39.
Full textAbstract:
Interfaith marriage is a marriage bond between a man and a woman who have different beliefs and religions. In principle, interfaith marriages are prohibited by every religious teaching. Every religious instruction requires a marriage bond to be carried out in a bond of the same faith (one religion). Based on Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, it is explained that a marriage is considered valid if it is carried out according to their respective religions and beliefs. Legal problems arise due to interfaith marriages, including the validity of marriages that give rise to rights and obligations between husband and wife and children's status due to interfaith marriages on their inheritance rights. Interfaith marriages occur in society but are usually covered up. In the case of interfaith marriages in Ogan Ilir Regency, our Community Service Team, Faculty of Law, Sjakhyakirti University conducted legal counseling to understand the legal consequences of interfaith marriages, especially regarding the validity of marriages, child status, and inheritance.
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Hadiati, Teti. "THE LAW POLITICS IN THE REFORMULATION OF INTERFAITH MARRIAGE IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 25. http://dx.doi.org/10.29300/mzn.v7i1.2775.
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The problems examined in this study is wast are interfaith marriages in accordance with the philosophical values of Indonesian marriage law? and why is the validity of interfaith marriages still being disputed in Indonesian marriage law? Related to the principle of continuing legal conditions and public order, the implementation of registration marriage by registration is a form of acceptance of interfaith marriages and the community has accepted the phenomenon of interfaith marriages as a natural reality and is considered to be true. This research is normative legal research and quantitative sociological legal research. The study methodology is analyzed based on the principle of public order, law smuggling, and continuation of the legal situation or rights that have been obtained. From this research, it was concluded that interfaith marriages were considered incompatible with the philosophical values of Indonesian Marriage law which were based on religious law, and could injure the long struggle history of Indonesian marriage law legislation under the principle of public order. Therefore, the registrations carried out by the civil registry office are not authoritative, but merely administrative.
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Aksa, Fauzah Nur, Hamdani Hamdani, Muhammad Tahmid Nur, and Amira Fadhia. "Analisis Hukum Islam terhadap Penetapan Hukum Hakim tentang Perkawinan Beda Agama di Indonesia dalam putusan Nomor: 12/Pdt.P/2022/PN. Ptk." Palita: Journal of Social Religion Research 9, no. 1 (April 26, 2024): 13–22. http://dx.doi.org/10.24256/pal.v9i1.4927.
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This research focuses on analyzing the legal of islam basis of the judge's considerations in Court Determination Number: 12/Pdt.P/2022/Pn. Ptk, and the legality of interfaith marriages are reviewed from Law Number 1 of 1974 concerning marriage, as well as the law regarding court decisions regarding interfaith marriages. The type of research used is qualitative research. This research uses primary and secondary data. The data collection method in this research uses library research. Based on research conducted, it is known that the judge referred to Article 35 of Law number 23 of 2006 concerning Population Administration which states that marriage registration applies to marriages determined by the court, so that the judge interprets the meaning of the marriage determined by the court to be an interfaith marriage. Law Number 1 of 1974 concerning Marriage states that marriage is valid based on the rules of religious law, but if an interfaith marriage is carried out outside the jurisdiction of Indonesia and its registration is considered valid. The legal implications that arise as a result of this court decision are the status and position of children. It is recommended that judges in taking considerations not only refer to one interpretation, but also look at other legal considerations such as the Constitutional Court decision Number 68/PUU-XII/2014 in the petition for Review of Law Number 1 of 1974 concerning Marriage which clearly rejects be firm regarding interfaith marriages, and use considerations based on other laws. To the DPR and the Government to immediately revise the Marriage Law by strengthening the prohibition on interfaith marriages in order to eliminate the legal vacuum. To society, interfaith marriages should not be carried out.
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Daus, Candra Refan, and Ismail Marzuki. "Perkawinan Beda Agama di Indonesia; Perspektif Yuridis, Agama-agama dan Hak Asasi Manusia." Al-'`Adalah : Jurnal Syariah dan Hukum Islam 8, no. 1 (June 28, 2023): 40–64. http://dx.doi.org/10.31538/adlh.v8i1.3328.
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Interfaith marriage is a phenomenon that has become a polemic in Indonesia to date. The implementation of interfaith marriages in Indonesia has become a discourse in various juridical, religious and human rights perspectives. This study aims to describe the practice of interfaith marriage in Indonesia from various juridical, religious and human rights perspectives. This research is a type of qualitative research that describes juridical views, religions and human rights towards the practice of interfaith marriage in Indonesia. This research is also a type of library research with the primary data source being juridical documents dealing with interfaith marriages in Indonesia, religious documents in Indonesia governing interfaith marriages in Indonesia and also human rights documents. This research is also supported by secondary data sources, other research results and other related documents. Methods of data collection carried out through documentation. The results of this study indicate that a juridical perspective covering the Marriage Law, religious law, and human rights tends to prohibit the implementation of interfaith marriages. Interfaith marriages can have implications for the validity of the marriage itself and the status of its offspring.
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Desimaliati, Desimaliati. "LEGALITY OF REGISTRATION FOR INTERNATIONAL RELIGIOUS MARRIAGE BASED ON COURT DECISIONS ACCORDING TO LAW AND REGULATIONS IN INDONESIA." Cepalo 6, no. 2 (November 15, 2022): 77–90. http://dx.doi.org/10.25041/cepalo.v6no2.2704.
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Law Number 1 of 1974 concerning Marriage (Marriage Law) as a guideline for norms (verwijzing) does not recognize interfaith marriages, but the Marriage Law itself provides a legal loophole in legalizing interfaith marriages. Many applications for interfaith marriage licenses that have been granted through Court Decisions and have been successfully registered at the Population and Civil Registry Office, are declared valid along with all their legal consequences in state administration and are legally binding on civil law. The purpose of this research is to explain application of legal theory and identify laws and regulations that form the legal basis for judges considerations in ratifying applications for registration of interfaith marriages through Court Decisions. The writing of this thesis uses normative legal research methods. Data processing and library research using primary, secondary and tertiary legal sources. The results showed that the ratification of interfaith marriages through a Court Decision was born from another interpretation of Article 66 of the Marriage Law which was interpreted by the method of applying the principle of conflict of norms using the principle of legal logic (rechtslogische prinzipien) or presumption of rules (vermutungsregeln), so that the Marriage Law seems to have multiple interpretations. There are several other laws and regulations that underlie the legalization of the registration of interfaith marriages in Indonesia. There are two views on the basis of the legal considerations of the Panel of Judges in accepting, examining and deciding cases of interfaith marriage applications through Court Decisions. To ensure legal protection and certainty for the parties and children born in a marriage, marriages need to be administratively registered in the state even though the marriages are of different religions.
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Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH: Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (July 15, 2019): 85–99. http://dx.doi.org/10.35673/as.v1i1.208.
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AbstractThis study uses a comparative study that seeks to find similarities and differences or compare the similarity of views of interfaith marriages according to national marriage law with fiqh. The basic marriage law in Indonesia is regulated in the Law of the Republic of Indonesia number 1 of 1974. While fiqh in question is the fiqh of four Mazhab in Islam.Interfaith marriage in Law number 1 of 1974 has not been clearly regulated. However, Clause 2 paragraph 1 states that marriage is legal if it is carried out according to the laws of each religious law and its beliefs. It is explicitly understood that if interfaith marriages are not in accordance with religious law, then the marriage cannot be held. This is in line with the marriage of interfaith in fiqh which is basically prohibited.Keywords: Marriage Different Religion; National Law; Jurisprudence.
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Paikah, Nur. "STUDI KOMPARASI PERKAWINAN BEDA AGAMA DALAM HUKUM NASIONAL DAN FIKIH." AL-SYAKHSHIYYAH Jurnal Hukum Keluarga Islam dan Kemanusiaan 1, no. 1 (July 15, 2019): 85–99. http://dx.doi.org/10.35673/asyakhshiyyah.v1i1.208.
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AbstractThis study uses a comparative study that seeks to find similarities and differences or compare the similarity of views of interfaith marriages according to national marriage law with fiqh. The basic marriage law in Indonesia is regulated in the Law of the Republic of Indonesia number 1 of 1974. While fiqh in question is the fiqh of four Mazhab in Islam.Interfaith marriage in Law number 1 of 1974 has not been clearly regulated. However, Clause 2 paragraph 1 states that marriage is legal if it is carried out according to the laws of each religious law and its beliefs. It is explicitly understood that if interfaith marriages are not in accordance with religious law, then the marriage cannot be held. This is in line with the marriage of interfaith in fiqh which is basically prohibited.Keywords: Marriage Different Religion; National Law; Jurisprudence.
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Sidqi, Imaro, and Mhd Rasidin. "Prohibition of Interfaith Marriage in Indonesia: A Study of Constitutional Court Decision Number 24/PUU-XX/2022." Jurnal Ilmiah Al-Syir'ah 21, no. 1 (June 28, 2023): 154. http://dx.doi.org/10.30984/jis.v21i1.2337.
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This article aims to analyze the decision of the Constitutional Court Number 24/PUU-XX/2022 concerning interfaith marriage from a philosophical, juridical, and empirical-sociological perspective so that it is more comprehensive because it covers various aspects, including religious views, law, interreligious communication, change law, human rights perspective, and polemic in society. This research is juridical-normative research, which uses a statutory approach, a concept approach, and a case approach through descriptive-qualitative analysis. The study results show that interfaith marriages are not permitted in Indonesia, both from the point of view of Islamic Law, the laws of other religions, the sociocultural community, and the Marriage Law. Therefore, the Constitutional Court issued several decisions to prohibit interfaith marriages, one of which was the Constitutional Court Decision Number 24/PUU-XX/2022, which completely rejected interfaith marriages. In its decision, the Constitutional Court does not allow interfaith marriages for three simple reasons: First, philosophically, interfaith marriages do not represent Pancasila and the essence of the formation of the Constitution. Second, juridically, interfaith marriages have no place in the Marriage Law because the state protects religion, so society remains following its corridors. Third, sociologically, interfaith marriage violates many norms, both local religion and custom. Therefore, from the perspective of religion, law, and sociocultural norms, interfaith marriages are generally not permitted in Indonesia so this research can formulate a balanced policy between individual rights and religious values in interfaith marriages.
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Tjajaindra, Phinawati, and Benny Djaja. "Notary’s Role and Authority on the Issue of Interreligious Marriage in Surabaya City." Interdisciplinary Social Studies 2, no. 7 (April 30, 2023): 2145–56. http://dx.doi.org/10.55324/iss.v2i7.442.
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Background: Interfaith marriages occur in Indonesia, one of which is in the city of Surabaya. Once the marriage is valid, it must be reported to the Civil Registry Occupation Service and issue an Ottentic Deed. Authentic Deeds that are considered official must comply with the provisions of Article 1868 of the Civil Code. What is meant by official in this article is a notary. This is regulated in Article 1 Article 15 paragraph 1 of UUJN. The Notary Department plays an important role in the ratification of Marriage Certificates both of the same religion and different religions in Indonesia. Aim: The author's purpose in creating this journal is to find out how interfaith marriage relations in Indonesia with the civil law of interfaith marriage and the hierarchy of laws and regulations related to interfaith marriage. Method: The research method that researchers use is juridical normative with qualitative research. Findings: The result of this study is that the Interfaith Marriage Agreement in Indonesia based on Law No. Article 16 of 2019 concerning Marriage clarifies the role of religion in marriage and the confirmation of faith, stating that a valid marriage is a marriage carried out according to the laws of each religion and its adherents. The state leaves the assessment of the validity of marriage to the religion and beliefs of the people concerned. Thus, Law Number 16 of 2019 concerning Marriage is a standard that regulates not prohibits. The state does not prohibit individuals from interfaith marriages.
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Sri Maryati, Hudzaifah Achmad, Adang Darmawan Achmad, and Mohd Anuar Ramli. "The Dynamic Landscape of Interfaith Marriage in Indonesia: Navigating The Supreme Court Circular Letter (SEMA) No. 02 of 2023 and Population Administration Law." Daengku: Journal of Humanities and Social Sciences Innovation 4, no. 3 (May 31, 2024): 489–502. http://dx.doi.org/10.35877/454ri.daengku2613.
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The issue of interfaith marriage in Indonesia is rooted in the legal conflict between Article 2, paragraph (1) of Law No. 1/1974 on Marriage, which regulates the legality of marriage based on religious law, and Articles 34 and 35 of Law No. 23/2006 on Citizenship Administration. Articles 34 and 35 of Law No. 23/2006 state that a valid marriage is one that is reported and registered, with Article 35(a) stipulating that the court determines the validity of a marriage. The incompatibility of these regulations regarding interfaith marriages has affected legal interpretation, resulting in discrepancies in judicial decisions. In response, the Supreme Court issued Circular Letter No. 2 of 2023, providing guidance for judges in adjudicating cases involving the registration of marriages between individuals of different religions and beliefs. This circular aims to ensure certainty and consistency in the application of the law in such cases. However, this regulation has sparked debate among legal experts. This research adopts a qualitative approach and is analyzed descriptively. The findings indicate that conflicting legal interpretations regarding interfaith marriages lead to differences of opinion among judges on the validity of such marriages. Moreover, inconsistencies in the legal framework governing interfaith marriage in Indonesia result in conflicts of legal interpretation. The primary cause of the ineffectiveness of Indonesia's interfaith marriage law is due to substantive legal considerations. Disagreements between legal systems lead to disputes among legal entities and impact interfaith marriages within society.
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Nasir, Mohamad Abdun. "Negotiating Muslim Interfaith Marriage in Indonesia: Integration and Conflict in Islamic Law." Mazahib 21, no. 2 (December 27, 2022): 155–86. http://dx.doi.org/10.21093/mj.v21i2.5436.
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Conflict can emerge from marriage involving parties of a different faith. However, interfaith marriage may also expose negotiation to secure the union. Although interfaith marriage is normatively restricted in Islamic law, it does occur. This study departs from the normative discourse of Islamic law and the empirical research of Muslim family law. It uses the theory of law, conflict, and integration to analyse the textual debates and practice of interfaith marriage in Lombok, Indonesia. This study reveals the patterns of Muslim interreligious marriage and the conversion that applies. The first pattern shows that non-Muslim partners convert to Islam before the marriage can be concluded. The second pattern involves Muslims who leave Islam to marry their non-Muslim partner. The third pattern suggests that each couple adheres to a different belief during the marriage even though the marriage contract was performed according to Islamic law. From the perspective of Islamic law, in the sense of sharia and Muslim family code, the first pattern is the most ideal because it follows these Islamic legal normativities. Although all practices have the potential for family and social integration, the second pattern is the most susceptible to conflict.
Keywords: interfaith marriage, conflict, integration, Islamic law
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Krishnani, Ririh. "ANALISIS YURIDIS KEPUTUSAN PN JAKPUS NOMOR 155/PDT.P/2023/PN.JKT.PST TENTANG PERNIKAHAN BEDA AGAMA DAMPAKNYA TERHADAP PERKEMBANGAN HUKUM PERDATA ISLAM DI INDONESIA." An Nawawi 3, no. 2 (October 28, 2023): 97–106. http://dx.doi.org/10.55252/annawawi.v3i2.38.
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Interfaith marriage is a serious social issue in Indonesia. As a predominantly religious country, marriage in Indonesia is regulated by Law No. 1 of 1974, which does not accept the validity of interfaith marriages. However, with the passing of Law No. 23 of 2006, it is possible. If an interfaith marriage is legally recognized, it must be registered with the court. Court approval is required. The author uses a normative juridical method. examines the legal considerations of the decision of the Central Jakarta District Court Judge number 155/Pdt.P/2023/PN.Jkt.Pst on Interfaith Marriage. According to the author's analysis, it turns out that the judge has neglected the rules of Islamic law that apply in Indonesian Muslim society, namely by issuing a determination as evidence of the recognition of the validity of interfaith marriages. However, philosophically, the judge did not take into consideration the impact that will be experienced due to interfaith marriages such as the weakening of religious observance in the community which will ultimately become an inhibiting factor in the development or enforcement of Islamic Civil Law in Indonesian Muslim society.
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Sadari, Sadari. "Paradigma Terminologi Islam (Muslim) Dan Iman (Mukmin) Atas Larangan Pernikahanantar-Agama Dalam Hukum Islam." El-Furqania : Jurnal Ushuluddin dan Ilmu-Ilmu Keislaman 6, no. 02 (September 23, 2020): 137–60. http://dx.doi.org/10.54625/elfurqania.v6i02.4000.
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Debates in theological terms have been occurred among the historical Civilization of Islami. As well as in terms of Islamic law, which have continually developed. This article examines how terms with theological nuances are integrated or at least interconnected. This article examines how the terms Islam (muslim) and Iman (mukmin) are linked to the law on the prohibition of interfaith marriage. This is very interesting, because there has been an resistance to an exciting laws had been replaced by a new that recently created, then those that already exist are replaced by recently created. By using Muhammad Syahrur's paradigm, the article examines more and deeper in the location key of the different meanings of the terms and develooing idioms that devel which are background to the prohibition of interfaith marriage, such as musyrik, kafir, Ahl al-Kitab, Islam, and iman, so that the formula that will be researched is How to find Muhammad Syahrur's paradigm to the term or term for the prohibition of interfaith marriage, then to find out the effects of that and formulate how the law applies to the prohibition of interfaith marriage in Islamic law. The direction of this study uses normative-historical, which tries to find out what kinds of structures that can build an interfaith marriage discourse. By examining and addressing these methods and components to create power relations in the interfaith marriage discourse. It is hoped will be useful for the creation of a more precise understanding and in the end it may contribute the ideas in a broad horizon of knowledge, especially in Islamic family law.
Keywords: Paradigm; Interfaith Marriage; Islamic law
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Fauziah, Alifah, and Erna Amalia Syafrida. "Interfaith Marriage Before and After the Issuance of Supreme Court Circular Letter Number 2 of 2023 in Indonesia." International Journal of Research and Innovation in Social Science VIII, no. IV (2024): 639–48. http://dx.doi.org/10.47772/ijriss.2024.804048.
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A marriage is considered valid if conducted according to the respective laws and beliefs (Article 2 paragraph 1), and marriages must be registered according to the applicable laws (Article 2 paragraph 2) of Law Number 1 of 1974, which has been amended by Law Number 16 of 2019 concerning Marriage. Law Number 1 of 1974 does not recognize interfaith marriages but only recognizes mixed marriages, which are marriages between citizens of different nationalities, one of whom is an Indonesian citizen. The applicable religious laws in Indonesia allow marriages to be conducted within one religion, with exceptions for interfaith marriages under specified conditions. However, interfaith marriages are found in society. The issue is how interfaith marriages were conducted before and after the issuance of Supreme Court Circular Letter Number 2 of 2023, which is in effect in Indonesia. Research findings show that before the issuance of SCCL Number 2 of 2023, the Indonesian marriage law prohibited interfaith marriages, and requests for marriage registration could be made through the District Court. After the issuance of SCCL Number 2 of 2023, interfaith marriages remain prohibited, and requests for interfaith marriages cannot be submitted to the District Court anymore. Consequently, interfaith marriages can no longer be registered.
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Mangarengi, Arianty Anggraeny, and Yuli Adha Hanza. "The Position of the Marriage Law on Interfaith Marriages Abroad." SIGn Jurnal Hukum 3, no. 1 (September 18, 2021): 65–83. http://dx.doi.org/10.37276/sjh.v3i1.127.
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This study aims to determine the position and authority of Law No. 16 of 2019 in responding to interfaith marriages abroad. The type of legal research used is a dogmatic juridical research method. The data collection in this study was carried out through a literature study of laws and regulations, journals, research results, and books. This study uses hermeneutic analysis and interpretation methods to analyze the data used in this study. The study results show that interfaith marriage is not justified in all scriptures recognized in Indonesia. Couples who want to have interfaith marriages can hold them abroad. Meanwhile, from the state’s point of view, interfaith marriages are inconsistent. In this case, Law No. 16 of 2019 does not justify interfaith marriage, while Law No. 24 of 2013 can determine the marital status of interfaith abroad. So that the legal certainty of interfaith marriages is not based on Law No. 16 of 2019 but Law No. 24 of 2013. Therefore, it is suggested that the government amend Law No. 16 of 2019. In this case, it contains norms that legitimize interfaith marriages as regulated in Law No. 24 of 2013. If Law No. 16 of 2019 is considered still relevant to the socio-cultural conditions of Indonesia, the government must amend Law No. 24 of 2013. In this case, it is removing norms that legitimize interfaith marriages. The amendments to the legislation attempt to resolve inconsistencies in the legislation related to interfaith marriages.
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Rozikin, Muhammad Khoirul, Abu Yazid Adnan Quthni, and Irzak Yuliardy Nugrhoho. "Perkawinan Beda Agama Perspektif HAM dan Hukum Islam: Studi Fatwa Majelis Ulama’ Indonesia No 4/2005." Jurnal Tana Mana 5, no. 2 (April 17, 2024): 202–16. http://dx.doi.org/10.33648/jtm.v5i2.497.
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This research is motivated by the increasing trend of interfaith marriages among the population, driven by the inseparable love between partners despite their differing religious beliefs. Human rights or the absence of state law are often invoked as legal grounds to legitimize such marriages. Specifically, this study focuses on the Indonesian Ulema Council (MUI) Fatwa No. 4/2005, which rejects interfaith marriages and analyzes the associated risks. The research employs a library research method with a qualitative approach, concentrating on document analysis. Primary data sources include the Republic of Indonesia Law No. 1 of 1974 regarding marriage, MUI fatwas on interfaith marriage, Quranic verses, Hadiths, and Islamic law (maqasid al-shariah). Additionally, secondary data from relevant books or journals are utilized. The findings indicate that the legal validity of a marriage is determined solely by religious norms, not state law. Therefore, the government's authority is limited to regulating the registration of marriages valid according to religious norms, not legalizing marriage status. The prohibition of interfaith marriages is attributed to the increased risks involved in forming a family.
Keywords: Interfaith Marriage, Islamic Law, MUI Fatwa
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Yuana, Adella, and Ilka Sandela. "Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk)." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 6, no. 2 (November 14, 2022): 291. http://dx.doi.org/10.35308/jic.v6i2.6123.
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Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
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Listyawati, Peni Rinda, Indah Setyowati, and Latifah Hanim. "LEGAL ANALYSIS OF THE REJECTION REGISTRATION INTERFAITH MARRIAGES." International Journal of Law Reconstruction 4, no. 2 (September 11, 2020): 110. http://dx.doi.org/10.26532/ijlr.v4i2.11265.
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The purpose of this journal is to find out about the problem of the legal position of interfaith marriage which shows that interfaith marriage is prohibited or normatively not regulated and is not recognized by the state and cannot be registered based on positive law. Research method uses a normative juridical approach, secondary data types, data collection methods that are carried out by literature, and the internet. While the data analysis method was analyzed descriptively qualitatively. The research results obtained indicate that the legal provisions of marriage, either express or implicitly, do not regulate the granting of marriage between followers of different religions. This is because marriage is prohibited between two people who have a relationship which by their religion or other regulations prohibited from marriage does not mean that the provisions in Islam prohibit interfaith marriage, so interfaith marriage is prohibited so that marriages that are carried out under religious law are not legitimate.
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Tanuwijaya, Jessica, Moody Rizqy Syailendra Putra, and Agnellya Hendarmin Santoso. "Juridical Review of Interfaith Marriage in Indonesia (Jessica Iskandar's Marriage to Ludwig Frans Willibald)." QISTINA: Jurnal Multidisiplin Indonesia 2, no. 2 (December 1, 2023): 846–52. http://dx.doi.org/10.57235/qistina.v2i2.820.
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In people's lives in Indonesia there are various problems related to the legitimacy of interfaith marriages because Indonesia has six recognized religions so it is not uncommon for people who want to marry of different religions. This study uses a normative legal research method using a statutory approach, judges' decisions, journals, books and research reports from the large Indonesian dictionary. The results of this study are that there are loose rules regarding the validity of interfaith marriages, starting from the side of religious law, national law and judges' considerations can determine the validity of interfaith marriages.
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Tridiatno, Yoachim Agus. "INTFAITH MARRIAGE IN INDONESIA: LOOKING FOR A LOOPHOLE." Jurnal Teologi 12, no. 2 (November 1, 2023): 199–220. http://dx.doi.org/10.24071/jt.v12i02.7140.
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This research studies the life experience of interfaith marriage between Christian and Muslem. It aims to answer the following questions: (1) Do religious differences in interfaith marriage partners affect the success of building a family? (2) What are the factors that determine the success of building a family in interfaith couples? This research is qualitative study. The data were collected through the depth interview which were directly done face to face, and indirect interview through WhatsApp and Google Form. Forum Group Discussion was done also with some students who live in the interfaith marriage family. The respondents are cathegorized into the followings: (1) those living in the interfaith marriage between Christian and Muslem, (2) those who converted to other religions following that of the partners, (3) those who converted to the religion of the partners but then reconverted to their previous religions, (4) the parents of the children who do interfaith marriage, and (5) the children who live in the family with interfaith marriage. The results indicate that the difference of religion in the family is not the significant factor which determines the harmonious life in the family. Otherwise, tolerance, mutual concern, and the responsible attitude of each family member in their respective duties and roles are the most important factors. Therefore, the civil and religious laws which prohibit the interfaith marriage are actually not relevant. The civil law does not have authority to interfere the private sectors of family life. Then, religious law which prohibits the interfaith marriage must be revied and understood in its context to strive for the salvation of the religious people.
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M. Idris and Ahmad Azmi Perkasa Alam. "Analisis Hukum Fiqh dan Hukum Positif Terhadap Nikah Beda Agama." QANUN: Journal of Islamic Laws and Studies 1, no. 2 (April 7, 2023): 85–90. http://dx.doi.org/10.58738/qanun.v1i2.152.
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This study examines interfaith marriage from the perspective of fiqh law and positive law. Marriage is the result of affection between a man and a woman, so limiting marriage to religion is one of the conflicts that often occurs, interfaith marriage is something that is difficult to separate, especially those who adhere to the teachings of pluralism in Indonesia. So from here the researcher considers it important to raise the problems that occur in interfaith marriages. In this study the researchers used normative legal research, namely what we know as library law research, namely legal articles carried out by researching based on materials sourced from libraries. Sources of data used by the author of the article in this writing include primary legal materials (binding legal materials). Data collection techniques using library research techniques. The selection of literature is carried out as carefully as possible by considering the author's authority in the field under study. This study also examines in detail the law of interfaith marriage in terms of Islamic law following the as-Syafi'i school, and also links civil law and positive law in Indonesia, as well as the MUI fatwa.
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Timur, Erma Kartika. "Pembagian Harta Bersama Perkawinan Dalam Perceraian Perkawinan Beda Agama Yang Dicatatkan." Rechtidee 12, no. 1 (June 30, 2017): 67. http://dx.doi.org/10.21107/ri.v12i1.2871.
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<p>Interfaith marriage in Indonesia be able to do with supplicate a determination to District Court, and then be listed in the Civil Registry Office. In case divorce occur on registered interfaith marriages, there is legal vagueness in regulation to divide joint property marriage, its relates with article 37 Constitution Number 1 of 1974 about Marriage. The purpose of this thesis is to description, identifying and analyzing the way to divide marriage property in interfaith marriage divorce, and also to review allowed or not to make choice of law that related to article 37. This thesis is a normative research with using statute approach and analytical approach. Based on the analysis of legal materials obtained, solution to divide joint property marriage on interfaith marriage better used husband religion or customary law, it is based from analysis using intergroups legal theory, receptive in complex theory, Idris Ramulyo opinion, Lanraad jurisprudence in Manado and also using grammatical interpretation about husband and wife position in article 31 and 34 marriage law. In case lawsuit happened, there is through the District Court after divorce decision was decided by judges. Choice of law is allowed based on equally principle.</p><p> </p>
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Rizqon, Rizqon. "Analisis Perkawinan Beda Agama Perspektif KHI, HAM dan CLD-KHI." AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam 4, no. 1 (June 13, 2022): 13–24. http://dx.doi.org/10.37680/almanhaj.v4i1.1499.
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Marriage is the right of every individual that should not be discriminated against. Nowadays, the issue of interfaith marriage often reaps a lot of debate, especially regarding its prohibition which is considered to discriminate against rights, as well as regarding its permissibility which is considered to be contrary to the constitution and religious norms. The purpose of this study was to analyze interfaith marriages from the perspective of KHI, HAM and CLD-KHI. This research is a library research type. The approach used is a normative approach, which aims to analyze interfaith marriages from a legal perspective, namely KHI, HAM and CLD-KHI. The data contained in the research was collected using the Documentation technique, then analyzed using the Content Analysis technique. From the results of this study it was found that the freedom to build a household in human rights has a relationship with the Marriage Law in force in Indonesia. Human rights only guarantee the freedom and protection of individual rights to marry, while their legal status still refers to the Marriage Law and the Marriage Law. KHI through its articles has strictly prohibited interfaith marriage, because according to KHI marriage is only valid if it is carried out by two people who have the same belief or religion. The CLD-KHI as a counter text to the KHI allows the practice of interfaith marriages on the grounds of upholding the principles of pluralism, nationalism, democracy, and human rights. This permissibility denies the articles in the KHI such as the prohibition, prevention, and annulment of marriages due to different religions. The conclusion is that interfaith marriages are normatively strictly prohibited in Indonesia. His abilities based on the principles of pluralism, democracy or human rights cannot be applied in Indonesia, where normatively the marriage law refers to religious law