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All Journal Unes Law Review Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Wike Sundari
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Religion Education Law, Crime, Criminology & Criminal Justice Physics Public Health Social Sciences Other

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Perkawinan Beda Agama dan Implikasinya Terhadap Terbitnya Kartu Keluarga Perspektif Undang-undang No. 1 Tahun 1974 dan Undang-undang No. 23 Tahun 2006 : (Studi Kasus Kecamatan Naman Teran, Kabupaten Karo) Wike Sundari; Amal Hayati
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2002

Abstract

Marriage is a spiritual and physical relationship between a man and a woman as husband and wife, with the goal of creating a happy family based on the belief in the Almighty God. One of the marriages that often occurs in Indonesia is marriage between different religions. Law Number 1 of 1974 outlaws interfaith marriages, as stated in article 2 paragraph 1: "marriage is valid if carried out according to the laws of each religion and belief." Meanwhile, Law Number 23 of 2006 allows for interfaith marriages, as indicated in Article 35, which specifies that marriages determined by the court are 'interfaith marriages'. This research method is qualitative, it utilizes normative empirical legal research, a comparative perspective, and legal sociology, and the data is gathered from books, journals, articles and interviews. According to the author, the more relevant law is the regulation of Law Number I of 1974 which prohibits interfaith marriages. Because it allows couples to manage the legality of their marriage without having to use illegal method in order to fulfill administrative rights such as issuing Family Cards and other administrative procedures.
Perkawinan Beda Agama dan Implikasinya Terhadap Terbitnya Kartu Keluarga Perspektif Undang-undang No. 1 Tahun 1974 dan Undang-undang No. 23 Tahun 2006 : (Studi Kasus Kecamatan Naman Teran, Kabupaten Karo) Wike Sundari; Amal Hayati
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2002

Abstract

Marriage is a spiritual and physical relationship between a man and a woman as husband and wife, with the goal of creating a happy family based on the belief in the Almighty God. One of the marriages that often occurs in Indonesia is marriage between different religions. Law Number 1 of 1974 outlaws interfaith marriages, as stated in article 2 paragraph 1: "marriage is valid if carried out according to the laws of each religion and belief." Meanwhile, Law Number 23 of 2006 allows for interfaith marriages, as indicated in Article 35, which specifies that marriages determined by the court are 'interfaith marriages'. This research method is qualitative, it utilizes normative empirical legal research, a comparative perspective, and legal sociology, and the data is gathered from books, journals, articles and interviews. According to the author, the more relevant law is the regulation of Law Number I of 1974 which prohibits interfaith marriages. Because it allows couples to manage the legality of their marriage without having to use illegal method in order to fulfill administrative rights such as issuing Family Cards and other administrative procedures.
Implikasi Yuridis dan Dampak Psikologis Perkawinan Beda Agama Terhadap Tumbuh Kembang Anak Wike Sundari; Heri Firmansyah
Ahlana: Jurnal Hukum dan Hukum Keluarga Islam Vol 3, No 1 (2026): Ahlana: Jurnal Hukum dan Hukum Keluarga Islam
Publisher : Fakultas Syariah dan Hukum Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/jhki.v1i1.30447

Abstract

This study examines the legal implications and psychological impacts of interfaith marriage on children’s growth and development in Indonesia. Interfaith marriage is a phenomenon that emerges within a plural society as a result of increasing cross-religious social interactions. However, its regulation within Indonesian positive law remains debatable, particularly after the issuance of Supreme Court Circular Letter (SEMA) No. 2 of 2023, which significantly restricts the legal recognition of interfaith marriages. This situation creates a tension between legal certainty and social reality, and it also affects the legal status of children, who may be categorized as children born out of wedlock, thereby limiting their civil rights protection. From a psychological perspective, children raised in interfaith families face challenges in identity formation, especially in understanding differing religious values received from both parents. Based on Cognitive Dissonance Theory and Erik Erikson’s psychosocial development theory, value differences within the family, along with social pressure from the surrounding environment, may lead to internal conflict, spiritual identity crisis, anxiety, and feelings of alienation. Different parenting styles and social stigma further intensify the psychological burden experienced by children during their developmental process. The research employs a normative-empirical legal method using statutory, conceptual, and sociological approaches. Data were collected through literature review and interviews with relevant informants, and analyzed qualitatively. The findings indicate that although interfaith marriage generates complex legal and psychological consequences, these impacts can be minimized when effective family communication, mutual respect, and supportive social environments are present. This study emphasizes the importance of a legal approach that not only prioritizes legal certainty but also considers humanitarian aspects and the protection of the best interests of the child.
Co-Authors Amal Hayati Heri Firmansyah