Article Per Year (5 Year)
p-Index From 2020 - 2025
0.444
P-Index
This Author published in this journals
All Journal MASADIR: Jurnal Hukum Islam
Achmad Fathoni
Universitas Qomaruddin Gresik
Religion Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Keabsahan Pemakaian Yurisprudensi Dalam Perkara Perkawinan Beda Agama Pada Putusan Hakim Nomor 916/PDT.P/2022 PN. Surabaya Achmad Fathoni; Miftahul Ulum
MASADIR: Jurnal Hukum Islam Vol. 4 No. 01 (2024): APRIL 2024
Publisher : Universitas Kiai Abdullah Faqih (UNKAFA) Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33754/masadir.v4i01.1265

Abstract

Interfaith Marriage is a classic issue in Indonesian law. There are always pros and cons in society, particularly in cases where Muslims marry individuals of different religions. A recent case involves an interfaith marriage approved by the Surabaya District Court with decision number 916/Pdt.P/2022. In the history of resolving interfaith marriages, judges often refer to the jurisprudence of the Supreme Court Decision No. 1400K/PDT/1986, which allows civil registry offices to record interfaith marriages. This article aims to understand the rules for using jurisprudence in judges' decision-making and to analyze the validity of using jurisprudence in the interfaith marriage case of Surabaya District Court number 916/Pdt.P/2022. This study is a literature review with a qualitative method and a normative-juridical analysis approach. The conclusion of this study is that judges are generally allowed and authorized to use jurisprudence in their decisions as long as it complies with applicable regulations, in this case, the existence of a legal vacuum regarding interfaith marriages. To mitigate the pros and cons in society and provide legal certainty, it is necessary to establish clear regulations concerning the legal status of interfaith marriages.
Co-Authors Aminuyati SIti Aminah