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All Journal IJTIHAD Jurnal Wacana Hukum Islam dan Kemanusiaan Wawasan : Jurnal Ilmiah Agama dan Sosial Budaya Religious: Jurnal Studi Agama-Agama dan Lintas Budaya Al Ishlah Jurnal Pendidikan Hasanuddin Law Review Jurnal Ilmiah Al-Syir'ah Undang: Jurnal Hukum Kosmik Hukum NUKHBATUL 'ULUM : Jurnal Bidang Kajian Islam Potret Pemikiran Tasharruf: Journal Economics and Business of Islam Mazahibuna: Jurnal Perbandingan Mazhab Kunuz: Journal of Islamic Banking and Finance Al-Mujtahid: Journal of Islamic Family Law Al-'Aqdu: Journal of Islamic Economics Law Khazanah Hukum Khazanah Sosial
Rosdalina Bukido
Institut Agama Islam Negeri Manado
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences Other

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Negotiating Love and Faith: Interfaith Marriage in Manado, Indonesia Rosdalina Bukido; Edi Gunawan; Djamila Usup; Hayat Hayat
Wawasan: Jurnal Ilmiah Agama dan Sosial Budaya Vol 6 No 1 (2021)
Publisher : the Faculty of Ushuluddin, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/jw.v6i1.11299

Abstract

Interfaith marriages in people’s lives have been practised in many areas in Indonesia, even if it’s not legally registered. The rule of law in Indonesia does not accommodate interfaith marriages. When interfaith marriage occurs, the registration system should follow the marriage registration process, either at the KUA (office of religious affairs) for Muslims or at the Civil Registry office for other religions. This study aims to analyse the practice of interreligious marriage in Manado and how spouses of different religions maintain a good marital relationship. This research employs a qualitative approach, collecting data through interviews with 30 informants who practice interfaith marriage in Manado City. This research found that many people in Manado consider interfaith marriage permissible. They argue that religion is a relationship between humans and God, while marriage is related to human beings. The family of different religions based their relationship on the principle of “Torang Samua Basudara” (we are bound through kinship). Based on this principle, the family avoids using religious symbols in their communication that can cause tension and disrupt harmony among family members. The principle of torang samua basudara serves as the basis for good communication within the family. This study contributes to the literature and policy debate on interfaith marriage in Indonesia by providing grounded evidence of how local values and everyday communication practices function as a practical social mechanism for sustaining interreligious households, even within a legal context that offers limited formal recognition.
Pemmali Culture in Bugis Community versus Law Enforcement of Age of Marriage in the Religious Courts Aris Aris; Rosdalina Bukido
Jurnal Ilmiah Al-Syir'ah Vol 20, No 2 (2022)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v20i2.2056

Abstract

This study aims to explore the law enforcement of age of marriage in Bugis community, Islamic law and national law, and pemmali culture as one of the most crucial reasons for marriage dispensation. This study method used a sociological juridical research with normative and formal juridical approaches, socio-anthropological and case studies. Data analysis techniques used positivist theory of legal system, law enforcement, and sociology of legal system. The results showed that the enforcement of age of marriage in Bugis community does not have an age standard determination unless the daughter is menstruating, the application of pemmali culture causes daughter to become victims of underage marriages, they are blind to knowledge of age of marriage in Law Number 16 of 2019. The application of marriage age for children are still debated by the majority of fiqh scholars as long as girls have not menstruated, they do not question child marriage if it is menstruating, but Indonesian national law there is no way to legalize child marriage before getting a marriage dispensation. Pemmali culture can be determined as one of the reasons for the sharp increase in marriage dispensations in Religious Courts due to the mindset of parents in Bugis community when their daughters are underage and are proposed three times by men. A mayor implication of these findings is to reduce the amount of marriage dispensation recommended the next research on the effectiveness of socialization of Law Number 16 of 2019.
Compensatory Annulment Justice in Indonesian Marriage Law: Coercion, Cohabitation, and Substantive Protection Muliadi Nur; Rosdalina Bukido; Syahrul Mubarak Subeitan
Kosmik Hukum Vol. 26 No. 2 (2026)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v26i2.30648

Abstract

Existing scholarship on marriage annulment in Indonesian family law primarily addresses formal defects of validity and coercion, but offers limited analysis of compensatory remedies when annulment produces social and economic harm. This article addresses that gap by examining Decision No. 42/Pdt.G/2023/PA.Llk and introducing the concept of compensatory annulment justice, defined as a judicial approach that annuls a coerced marriage while preserving limited remedies for relational harm. Using a normative juridical, case-based analysis, the study treats the decision as primary legal material to assess judicial reasoning on consent, coercion, cohabitation, and compensation. The findings show that the court moved beyond formal validity by (i) construing coercion through witness-based proof of psychological threat, (ii) positioning premarital cohabitation and local custom as relevant social facts without allowing them to override free consent, and (iii) awarding Rp2,000,000 via reconventional claim grounded in unlawful act doctrine and proportionality. These results demonstrate that annulment need not erase all consequences of the relationship. The study contributes a coherent framework for integrating consent protection with post-annulment responsibility, offering doctrinal guidance for courts to balance autonomy, legal pluralism, and substantive justice in family disputes.
Co-Authors Ahmad Zakie Syawie Aris Aris Celia Amanda Putri Christofer Visal Solang Dedi Setiawan Djamila Usup Edi Gunawan Elsita Mayaranti Radja Faradila Hasan Hamzah Kamma Hasyim Sofyan Lahilote Hayat Irwansyah Irwansyah Ishak Talibo Ishak, A. Zainal Azhar Ismail Suardi Wekke Makka, Misbahul Munir Misbahul Munir Makka Misbahul Munir Makka Muhammad Fikri Asnawir Muliadi Nur Nam Rumkel Naylah Salsabilah Kamaru Nurhayati Nurhayati Nurlaila Harun Nurlaila Harun Nurlaila Isima Nurul Azizah Azzochrah Palm, Elin Rahman Mantu Ridwan Jamal Rizky Ayub S. Biya Sahari Sahari Siti Rahmi Kasim Sjamsuddin A. K. Antuli Sofyan Octavian Tubagus Sukmawati Muarif Syahrul Mubarak Subeitan Telsy Fratama Dewi Samad Ulin Na'mah Ulin Na'mah