JURNAL HUKUM PRASADA
Vol. 10 No. 2 (2023): Jurnal Hukum Prasada

Judges’ Ratio Decidendi to Accept and Reject Interfaith Marriage in The Perspective of Indonesian Positive Law

Elmira Qurrota A'yunina A'yunina (Sharia Faculty, UIN Maulana Malik Ibrahim Malang)
Syabbul Bachri (Sharia Faculty, UIN Maulana Malik Ibrahim Malang)



Article Info

Publish Date
02 Oct 2023

Abstract

The existence of interfaith marriages in Indonesia does not yet have regulations that clearly regulate its implementation. This causes differences in decisions given by judges in each case. Ratio decidendi is a reason or argument used by judges to give a decision in a case that is always based on applicable laws and regulations. In addition to the absence of regulations that regulate exactly the implementation of interfaith marriages, the difference of opinion given by the judges in decisions related to the implementation of interfaith marriages makes people even more confused about the legality of implementing interfaith marriages in Indonesia. The purpose of this study is to analyze the ratio decidendi of judges in each decision, whether from a decision to reject or grant a decision, as well as to analyze the perspective of Indonesian positive law regarding the implementation of interfaith marriages. This study uses a type of normative juridical research that uses a case approach and a comparative approach. The results of this study in general are that actually interfaith marriage cannot be justified in its implementation, because there are several laws that actually regulate marriages carried out by two people who have different religions and beliefs.

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Journal Info

Abbrev

prasada

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JURNAL HUKUM PRASADA is a peer-reviewed international law journal which published research articles and theoretical articles in law science. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global ...