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All Journal Indonesian Journal of Social Science Research SASI
Wulandari, Wahyuni Retno
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Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty in The Validity of Interfaith Marriages Performed Abroad Asih, Nur; Uwiyono, A.; Wulandari, Wahyuni Retno
Indonesian Journal of Social Science Research Vol 5 No 1 (2024): Indonesian Journal of Social Science Research (IJSSR)
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijssr.05.01.33

Abstract

This research examines in more depth how legal certainty regarding the validity of marriage certificates of different religions is held abroad after being recorded and reported to the Population and Civil Registry Office (Dukcapil), where the couple resides upon returning to the homeland. With lex loci celebrationis and lex fori principles, the state is expected to accept, recognize, and respect as the basis for recording and registration with the Dukcapil. This type of research is normative research using a statutory and factual approach. The data collection method used literature study, field research, and interviews. Based on the results and discussion of the research, it is found that Indonesian Citizens (WNI) who enter into marriages of different religions abroad under International Civil Law (HPI) are valid and recognized. However, when viewed from the applicable marriage law in Indonesia, it is invalid because it still has to be based on religious law. However, sociologically, the community still recognizes and accepts the existence of interfaith marriages.
Egalitarianism: Consciousness-Raising In Women’s Position In The Islamic Family Wulandari, Wahyuni Retno
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.1021

Abstract

Introduction: The Muslim community in the world, including in Indonesia, perceives Islamic family law as very patriarchal. This is because in the discussion related to Islamic family law, it only refers to Al QS. AN-Nisa [4]: 34,which translates women's subordination from men..Purposes of the Research: The purpose of writing this article is to describe a different side of Islamic family law which is always narrated by gender bias by the community, including the Muslim community itself, both in interpretation and even in its implementation carried out in a patriarchal manner. In fact, Al QS. Al-Hujuraat [49]: 13 implies that the rights and obligations of women and men on this earth are purely egalitarian.Methods of the Research: Normative research with the consciousness raising method is in the form of a communication approach related to the position of women in Muslim families, with a communication approach in Muslim communities related to critical awareness to add knowledge of actualization of Muslim communities in Islamic family law which actually does not burden women.Results of the Research: That the excess of men over women must be interpreted as that men are responsible for the maintenance and/or regulation of household affairs, not as rulers, supervisors or superiors of women. So it can be concluded that the concept of a man being the head of the family and a woman being a housewife as conceptualized by Article 31 of the Marriage Law and Article 79 of the KHI is no longer relevant at this time considering that based on the experience of women themselves and data showing an increase in the number of women family heads and women filing for divorce from year to year. As well as the fact that the wife helps her husband to prosper the family and even has to double burden because of it, must also be aware of his independence and not feel isolated because there are economic rights that they must obtain according to the efforts they have done as QS anNisa: 32.
Legal Certainty in The Validity of Interfaith Marriages Performed Abroad Asih, Nur; Uwiyono, A.; Wulandari, Wahyuni Retno
Indonesian Journal of Social Science Research Vol. 5 No. 1 (2024): Indonesian Journal of Social Science Research (IJSSR)
Publisher : Future Science

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.11594/ijssr.05.01.33

Abstract

This research examines in more depth how legal certainty regarding the validity of marriage certificates of different religions is held abroad after being recorded and reported to the Population and Civil Registry Office (Dukcapil), where the couple resides upon returning to the homeland. With lex loci celebrationis and lex fori principles, the state is expected to accept, recognize, and respect as the basis for recording and registration with the Dukcapil. This type of research is normative research using a statutory and factual approach. The data collection method used literature study, field research, and interviews. Based on the results and discussion of the research, it is found that Indonesian Citizens (WNI) who enter into marriages of different religions abroad under International Civil Law (HPI) are valid and recognized. However, when viewed from the applicable marriage law in Indonesia, it is invalid because it still has to be based on religious law. However, sociologically, the community still recognizes and accepts the existence of interfaith marriages.
Co-Authors Nur Asih, Nur Uwiyono, A.