Yuris: Journal of Court and Justice
Vol. 4 Issue 4 (2025)

THE LEGAL NATURE OF MIXED MARRIAGE DIVORCE UNDER INDONESIAN LAW: JURISDICTIONAL AUTHORITY OF THE RELIGIOUS COURT IN TRANSNATIONAL MARITAL DISPUTES

Antoni, Mochammad Rohman (Unknown)



Article Info

Publish Date
11 Oct 2025

Abstract

This study examines the legal nature of mixed marriages and divorce within the Indonesian legal system, focusing on the authority of Religious Courts in adjudicating such cases. Using a normative juridical and qualitative approach, the research analyzes statutory provisions, doctrinal interpretations, and judicial practices through a case study of Decision Number 406/Pdt.G/2020/PA.Dps issued by the Denpasar Religious Court. The findings indicate that mixed marriage divorces involving Indonesian citizens and foreign nationals fall under the jurisdiction of Religious Courts when one spouse is an Indonesian Muslim. The court’s decision aligns with Law Number 1 of 1974 on Marriage, Government Regulation Number 9 of 1975, Law Number 12 of 2006 on Citizenship, and the Compilation of Islamic Law (KHI). The study concludes that the Religious Court applies the principles of lex loci celebrationis and lex fori to ensure that Indonesian law governs the dissolution of mixed marriages. This legal approach ensures justice, legal certainty, and state protection for Indonesian citizens engaged in transnational marital relationships.

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Journal Info

Abbrev

jcj

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

In 2022, YURIS (Journal of Court and Justice) giving opportunities for legal researcher to publish scientific article The editorial team of YURIS seek publication on the paper which related to the contribution of law theory and enforcement and to consider them carefully for external review. By ...