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All Journal Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Fauziah Lubis
State Islamic University of North Sumatra

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Prohibition of Interfaith Marriage: An Analysis of Judicial Guidelines for Adjudicating Marriage Registration Applications Among Different Religions and Belief Raja Asauqi Muhammad Yusuf; Fauziah lubis
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 7, No 1 (2020): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i1.4891

Abstract

Marriage in Indonesia aims to form a happy and lasting family, with its validity based on religious laws as per Article 2 Paragraph (1) of the Marriage Law. Despite this, interfaith marriages present legal ambiguities as some religions do not prohibit such unions, leading to varied judicial decisions and interpretations. The legal gaps in Indonesia's 1974 Marriage Law concerning interfaith marriages necessitate standardization in judicial practice. Supreme Court Circular Letter (SEMA) No. 2 of 2023 was issued to address these inconsistencies and provide clear guidelines for judges. This study utilizes qualitative descriptive analysis, combining literature reviews and interviews with judges at the Lubuk Pakam Religious Court, to assess the impact of SEMA No. 2 of 2023 on interfaith marriage registration cases. Judges possess ex officio rights to make decisions based on legal and logical considerations, ensuring justice and utility. The study found that religious institutions primarily handle marriage registration, with the Civil Registry Office recording only same-faith marriages and District Courts occasionally handling interfaith unions. The multi-interpretative nature of the Marriage Law leads to complex judicial and social implications in religiously diverse regions like Lubuk Pakam. SEMA No. 2 of 2023 aims to standardize judicial practices and provide legal certainty regarding interfaith marriages. Although it is primarily an internal directive, its influence extends to public awareness and judicial consistency. The study highlights the necessity for thorough understanding and dissemination of SEMA among judges to ensure lawful and uniform application.
The Effectiveness Of The E-Litigation Trial Process Based On Perma No.1 Of 2019 In Divorce Cases In The Medan Religious Courts Fatta Arbie Permadi Hasibuan; Fauziah Lubis
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 7, No 2 (2020): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v7i2.4892

Abstract

 The study aims to evaluate the effectiveness of the divorce case trial process using the E-Litigation system and to identify the factors that hinder and support electronic trials at the Medan Class IA Religious Court. The research method used is non-doctrinal law, focusing on the effectiveness of a law and the factors influencing it. The research instruments include laws, books, journals, and scientific works. Data was obtained from observations at the Medan Class 1A Religious Court, followed by interviews with judges, expert staff operating the e-Litigation application, and admins at the e-Court Corner desk. The problem formulation is: What is the opinion of the panel of judges regarding the effectiveness of e-Litigation according to PERMA No. 1 of 2019 in handling divorce cases? The research results indicate that the effectiveness of the E-Litigation process in divorce cases is very high. It facilitates the parties involved in the dispute, reduces court costs, decreases the backlog of cases, and limits the spread of the Covid-19 outbreak. The E-Litigation system is very effective without compromising the substance of the court process or the rights of the litigants, ensuring that the truth is reached through formalities. Therefore, it can be acknowledged that E-Litigation is an effective trial method. 
Co-Authors Fatta Arbie Permadi Hasibuan Raja Asauqi Muhammad Yusuf Zulifikri Zulifikri