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All Journal Ipso Jure
Arifin Faqih Gunawan
Pertiba University
Law, Crime, Criminology & Criminal Justice

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The Legality Of Interfaith Marriages Held Abroad In The Perspective Of International Civil Law Joshian Syah; Arifin Faqih Gunawan
Ipso Jure Vol. 3 No. 6 (2026): Ipso Jure - July
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/ya4knm10

Abstract

Interfaith marriage held abroad is one of the legal issues that still raises debate in the Indonesian legal system. The difference in regulations between Indonesian law that bases the validity of marriage on religious law and the laws of some countries that recognize civil marriage cause many Indonesian couples to choose to marry abroad. This study aims to analyze the legal arrangements regarding interfaith marriages held abroad and analyze its legality and legal consequences from the perspective of Indonesian International Civil Law. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a case approach. Legal materials are obtained through literature studies consisting of primary, secondary, and tertiary legal materials, then analyzed qualitatively. The results of the study show that the legality of interfaith marriages held abroad is not only determined by the law of the country where the marriage takes place (lex loci celebrationis), but must also pay attention to Indonesian national law through the principle of lex patriae and the principle of ordre public. Article 56 of Law Number 1 of 1974 concerning Marriage recognizes marriages carried out abroad as long as they do not conflict with the provisions of Indonesian law. Therefore, the recognition of interfaith marriages held abroad must consider the balance between respect for foreign law and protection of the basic principles of national law in order to realize legal certainty and protection of the rights of the parties.
CONSUMER PROTECTION IN INTERNATIONAL TRADE E-COMMERCE TRANSACTIONS AN OVERVIEW FROM AN INTERNATIONAL CIVIL LAW PERSPECTIVE Zaki Alhafis; Anis Rindiandi; Arifin Faqih Gunawan
Ipso Jure Vol. 3 No. 7 (2026): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/f6dzae93

Abstract

The development of information technology has encouraged the rapid growth of e-commerce transactions in international trade which makes it easier for business actors and consumers to conduct cross-border transactions. On the other hand, these developments also raise various legal problems, especially related to consumer protection due to differences in legal systems, jurisdictions, and dispute resolution mechanisms between countries. This study aims to analyze the form of legal protection for consumers in international trade e-commerce transactions and their dispute resolution mechanisms from the perspective of International Civil Law. This research uses normative legal research methods with a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that consumer protection in international e-commerce transactions is not only based on national law, but also requires the application of the principles of International Civil Law, such as choice of law, choice of forum, and recognition of foreign judgments. Dispute resolution can be done through litigation or non-litigation, especially international arbitration which is considered more effective in resolving transnational trade disputes. Therefore, it is necessary to harmonize regulations, cooperate between countries, and strengthen the consumer protection system in order to create legal certainty and effective protection in international trade e-commerce transactions.
Co-Authors Anis Rindiandi Joshian Syah Zaki Alhafis