LEGAL ANALYSIS OF INTERFAITH MARRIAGE IN INDONESIA
Universitas Bhayangkara Surabaya
DOI:
https://doi.org/10.56943/jlte.v2i1.282In Article 2 paragraph (1) of Marriage Law, it has been stated that the provisions and conditions for a valid marriage are marriages that are conducted according to the laws of each religion and belief. Interfaith marriage is a delicate religious topic that has a lot to do with someone spiritual views. Every religion in the world has its own laws governing marriage as a religious matter. The research method used is normative juridical research. This research used laws and regulations regarding to interfaith marriage, including Civil Code, Law number 1 of 1974 on Marriage, and Law No. 23/2006 on Population Administration. Based on research result, when associated with legal issues in the marriage that occurs, it can be interpreted that interfaith marriages can only be registered in civil registry, but it does not mean that it is religiously valid. Interfaith marriages are also associated with human rights, freedom in human rights to marry and build a family remains subject to the rules or Law Number 1 of 1974, this is clearly seen in the Human Rights Law in Indonesia Article 10 paragraphs (1) and (2) which state that this freedom must be in accordance with statutory regulations.
Keywords: Interfaith Marriages Human Rights Laws Marriage
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. https://jurnal.fh.unila.ac.id/index.php/cepalo/article/view/2704.
Hanifah, Gina, Flavia Faza Aulia, Denisa Juliani, and Tiara Cahya Savitri. “Inkonsistensi Peraturan Perundang-Undangan Dalam Memandang Keabsahan Perkawinan Beda Agama.” Cross-border 5, no. 2 (2022).
Hastuti, Indira, Edy Sanjaya, and Budi Prasetyo. “Interfaith Marriage And Its Legal Consequences For Children Born According To Islamic Law.” International Journal of Educational Research & Social Sciences 3, no. 1 (February 20, 2022): 509–517. https://ijersc.org/index.php/go/article/view/303.
Judiasih, Sonny Dewi, Nazmina Asrimayasha Nugraha, and Luh Putu Sudini. “Prohibition of Intera Religion Marriage in Indonesia.” Jurnal Dinamika Hukum 19, no. 1 (January 8, 2019): 186. http://dinamikahukum.fh.unsoed.ac.id/index.php/JDH/article/view/2462.
Novita, Rissa Dwi, and Muhammad Abdul Razak. “Personal Data Protection in Falsification of Covid-19 Vaccination: A Juridical Review.” YURIS (Journal of Court and Justice) 1, no. 3 (2022): 25–37.
Rosdiana, Rosdiana, Ummu Hanah Yusuf Saumin, and Masayu Mashita Maisarah. “Legitimacy on Inter-Faith Marriages: An Analysis of the Role of Religious Councils on the Legal Policy in Indonesia.” AHKAM : Jurnal Ilmu Syariah 19, no. 1 (July 9, 2019). http://journal.uinjkt.ac.id/index.php/ahkam/article/view/11710.
Suhasti, Ermi, Siti Djazimah, and Hartini Hartini. “Polemics on Interfaith Marriage in Indonesia between Rules and Practices.” Al-Jami’ah: Journal of Islamic Studies 56, no. 2 (May 30, 2019): 367–394. http://www.aljamiah.or.id/index.php/AJIS/article/view/56205.
