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Analisis Yuridis Terhadap Keputusan Hakim Dalam Memutus Perkara Perkawinan Beda Agama di Indonesia Ditinjau Sema No. 2 Tahun 2023 Pramesti, Novalia Cahyaning Setyo
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12730371

Abstract

This research discusses interfaith marriages in Indonesia, which continue to occur despite prohibitions from several religions, especially Islam. Marriage is considered a sacred bond of belief as it relates to the realms of magical and religious thought. Indonesia's diverse society, with various ethnicities, cultures, and religions, leads to interactions between individuals that result in interfaith marriages. The Marriage Law and Constitutional Court decisions have prohibited interfaith marriages. However, such marriages still frequently happen in society, raising concerns about the validity of the marriages, marriage registration, the status of children, divorce, and inheritance issues.The Directorate General of Population and Civil Registration of the Ministry of Home Affairs declares that interfaith marriages are not recognized by the state, except through court rulings and meeting the requirements for changing one's religion. To address these issues, the Supreme Court has issued Circular No. 2 of 2023, providing guidelines for judges to handle applications for registering marriages between individuals of different religions and beliefs to resolve interfaith marriage matters.
Supermasi Mahkamah Konstitusi Dalam Melakukan Judicial Review Terhadap Undang-Undang Pramesti, Novalia Cahyaning Setyo
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 6 (2024): Januari
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.10491831

Abstract

This article discusses and proposes an integrated review of laws and regulations by the Constitutional Court. Discusses the problem regarding the authority of the Constitutional Court in conducting a review of the ratification law against the 1945 Constitution. Judicial review in the common law legal system is often understood as efforts to review laws and regulations carried out by the agency judiciary, although in the context of a wider scope of authority, because sometimes they also test administrative products (administrative Acts). Norms testing carried out by the Constitutional Court theoretically starts from abstract norms as an implication of the position of the Constitutional Court which is a norm court and examines it against constitution. To assess the constitutionality of law norms, then norms abstract which will be the focus of the MK's examination. This can lead to problems regarding the clarity of the authority to review ratification laws by the Constitutional Court in the future. This study uses the literary method with the conclusion that the Constitutional Court has the authority to review ratification laws that are contrary to the 1945 Constitution, but does not have the authority to examine the attachments to ratification laws that contain international agreement material. Testing ratification laws is limited to determining the constitutionality of the ratification of an international treaty through ratification laws.