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LEGAL ANALYSIS OF THE APPLICATION OF THE DOCTRINE OF INDISSOLUBLE MARRIAGE ACCORDING TO THE CANON LAW OF THE CATHOLIC CHURCH AND ITS RELEVANCE TO MARRIAGE LAW IN INDONESIA Vizarra Pingkan Huiriady; FX Suyud Margono; Mas Agus Priyambodo; Appe Hutauruk
JILPR Journal Indonesia Law and Policy Review Vol. 7 No. 1 (2026): Journal Indonesia Law and Policy Review (JILPR), October 2026
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

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Abstract

This study aims to analyze the legal status and relevance between the doctrine of the indissolubility of marriage under Catholic Church Canon Law and the positive marriage law in Indonesia, as well as to identify legal solutions for Catholic couples facing marital breakdown without violating canonical faith provisions. The research method used is normative legal research (normative juridical) using a statutory approach and a conceptual approach. Data were collected through a literature review to examine primary legal materials in the form of the Codex Iuris Canonici 1983 and the Indonesian Marriage Law, alongside secondary legal materials, which were then analyzed qualitatively. The results indicate a normative dualism; Canon Law views marriage as a monogamous sacrament that is absolutely indissoluble by any human power (Canon 1055 and Canon 1141), whereas the Indonesian Marriage Law opens an avenue for the dissolution of marriage through civil court divorce (Article 38). For Catholic marriages that cannot be maintained, Canon Law provides theologicallegal solutions that do not dissolve the sacramental bond, including: declaration of nullity (annulment), separation of bed and board (separatio tori et mensae), privilegium fidei (Paulinum and Petrinum), and sanatio in radice. This study concludes that civil recognition of Ecclesiastical Tribunal decisions through state district court decrees is a relevant step to bridge the two legal systems and ensure legal certainty for citizens.