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All Journal International Journal of Integrated Science and Technology
Azzahra, Syifa Nabilah
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Computer Science & IT Decision Sciences, Operations Research & Management Education Languange, Linguistic, Communication & Media Social Sciences

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Interpretation of Article 28J Paragraph (2) of the 1945 Constitution Regarding Interfaith Marriage in Indonesia Azzahra, Syifa Nabilah; Prahasti Suyaman
International Journal of Integrated Science and Technology Vol. 2 No. 7 (2024): July 2024
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijist.v2i7.2246

Abstract

The problem of interfaith marriage involves the conflict between religious freedom and religious values and the constitution. Regarding interfaith marriage in Indonesia, Article 28J, Paragraph 2 of the 1945 Constitution highlights that legal restrictions may be placed on an individual's rights and freedoms. This research discusses how to ensure the protection of human rights without neglecting upheld religious values. This study uses a normative juridical analysis method of laws and regulations, legal norms and doctrines as well as previous articles on marriage and human rights. The results of the study found that the right to marriage is qualified as a derogable right (a right that can be restricted) by the 1945 Constitution. Although the right to marry is a human right, its implementation is not liberal and the religious aspect in the understanding of particularism greatly affects the protection and enforcement of human rights, including the right to marry.
Co-Authors Prahasti Suyaman