Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 002 (2024): Pena Justisia (Special Issue)

LEGAL RECONSTRUCTION OF REGULATIONS MARRIAGE DIFFERENT RELIGIONS IN INDONESIA

Septiandani, Dian - (Unknown)
Soegianto, Soegianto - (Unknown)
Sukmadewi, Yudhitia Dyah (Unknown)
Susilo, Adhi Budi (Unknown)



Article Info

Publish Date
23 Dec 2024

Abstract

This research aims to find the proper legal reconstruction regarding interfaith marriages in Indonesia. Article 2, paragraph (1) of the Marriage Law states that marriage is valid if performed according to the laws of each religion and BeliefBeliefBelief. Meanwhile, the content of the explanation of Article 35 of the Population Administration Law allows interfaith marriages. With this, the legal rules regarding interfaith marriages need to be reconstructed clearly and firmly so that there is the same understanding and implementation in the community because it will cause legal uncertainty. This research is a normative legal research with a statutory approach. The method of collecting secondary data is done through a literature study. The data obtained is analyzed qualitatively. The results of this study indicate that the regulation of marriage in Indonesia does not recognize the existence of interfaith marriages; it relies on the laws of each religion, so marriage marriage becomes invalid. The consequences impact the status of children as illegitimate or outside of marriage and the status of inheritance. Furthermore, related to the regulation of interfaith marriages, there is disharmony in the rules of the Marriage Law and the Population Administration Law; the provisions of Articles 35 and 36 of the Population Administration Law should be revoked because they cause a conflict of norms with the Marriage Law. This will provide legal certainty to the community.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...