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All Journal Jurnal Selat Jurnal Pendidikan dan Kebudayaan Missio RANDANG TANA - Jurnal Pengabdian Masyarakat
Yohanes Servatius Lon
Universitas Katolik Indonesia Santu Paulus Ruteng
Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Jurnal Selat

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Tantangan Perceraian Sipil Bagi Perkawinan Katolik: Antara Hukum Ilahi Dan Hukum Manusia Yohanes Servatius Lon
Jurnal Selat Vol. 7 No. 2 (2020): Jurnal Selat
Publisher : Program Studi Ilmu Hukum Universitas Maritim Raja Ali Haji

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1111.286 KB) | DOI: 10.31629/selat.v7i2.1519

Abstract

Marriage is both as a sacred/divine and social thing. Therefore marriage is part of worship as well as being bound to legal and social aspects. Then marriage is regulated both by a religious and by non-religious institution. This paper explores the different principles regarding divorce of a legal marriage according to Catholic and civil law. Marriage in Catholic law is eternal and there is no principle of divorce. Whereas civil law allows couple to divorce. Catholics' marriages that are legal according to Catholic Church law but divorced by a State Court judge have created many new problems. This study aims to explore the complexity of the challenges facing the Catholic couples. The method of this research is a qualitative. Using a library approach and field study, this study found that there were legal uncertainties and injustices experienced by Catholic couples who were divorced by a state court. This study recommends that there is a need for synergy between state courts and church courts in marital divorce matters. Furthermore, it requires state law that truly respects the autonomy of religious law.
Co-Authors Fransiska Widyawati