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SMUGGLING OF THE LAW IN DIFFERENT RELIGIOUS MARRIAGE AS A LEGAL ACTION IN THE STATE OF PANCASILA Arsyita, Muhammad Aprizal; Khair, Damrah; Pane, Erina; Ja'far, A. Kumedi; Mahmudah, Siti
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 1 June (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i1.9781

Abstract

Marriage in Indonesia is a legal act that is valid in an external forum based on the legal contract of each religious law or belief. Interestingly, interfaith marriages continue to occur and experience problems related to illegal acts against various attempts to smuggle laws to obtain legal recognition from the State. This issue will be analyzed based on the Civil Code, Law Number 1 of 1974 concerning Marriage, Law Number 39 of 1999 concerning Human Rights, Law Number 23 of 2006 concerning Population Administration, and the Decision of the Constitutional Court Number. 68/ PUU-XII / 2014. To find out the legal arrangements in interfaith marriages, a normative juridical legal research method and a statutory approach were carried out by collecting literature study data. Secondary data were analyzed using qualitative juridical analysis. The results of this study explain that positive law in Indonesia does not prohibit interfaith marriage, but does not regulate it. The substance of the validity of a marriage is pluralistic based on religious law and belief, even though the majority prohibits its followers so that a juridical understanding emerges that it is impossible to legalize interaction marriages, but in reality, some religions and beliefs provide dispensation or permission. Law smuggling by individuals adhering to religions or beliefs with low quality and/ or not obeying the forum internum which prohibits interfaith marriages, but imposes themselves on various motives (Al-Baits) based on positive law. The conclusion is that even though there is disharmony of norms, the smuggling of law in interfaith marriages fulfills the elements of acts against the law, which deliberately contradicts positive law, and reduces the authority of law and religion in the Pancasila State. Juridically, the determination of the legality of marriage is based on religious norms or beliefs, not a Court Ruling mechanism, because the State only determines administrative validity.Keywords: Smuggling, Marriage, Different Religions, Acts against the Law, Pancasila
REFLECTION OF A DECADE OF PRE-MARRIAGE GUIDANCE ON FAMILY RESILIENCE IN INDONESIA Irfan, Muhammad; Khair, Damrah; Asnawi, Habib Shulton; Firdawaty, Linda
SMART: Journal of Sharia, Traditon, and Modernity Vol. 1 No. 2 December (2021)
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/smart.v1i2.11353

Abstract

The implementation of premarital guidance is based on the fact that so many divorces occur not only among families who have been married for a long time but also experienced by new couples. The state's attention to the integrity and resilience of the household is clearly stated in Law Number 1 of 1974 article 1. This research uses a qualitative (descriptive) method with the type of library research, with a socio-historical and philosophical approach. The analytical method used is qualitative data analysis, while drawing conclusions using deductive thinking. The results of this study indicate that the substance of premarital guidance is to provide basic direction and knowledge for the realization of a sakinah, mawaddah, warahmah family so that integrity and resilience in the household are achieved. The principle of premarital marriage guidance is as an effort to prevent divorce by upholding the mandate of Law no. 1 of 1974 as a representative of the holy book al-Qur'an with the aim of marriage to achieve a happy and eternal family based on God Almighty. Premarital marriage guidance has had an effect on household resilience but still needs to be maximized due to the fact that the divorce rate from year to year has increased. Keywords:     Marriage Guidance, Pre-Marriage, Family Resilience.