Journal of Law and Social Politics
Vol. 4 No. 3 (2026): Journal of Law and Social Politics

Interfaith Marriage reviewed from Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage

Nasir, Muhammad (Unknown)



Article Info

Publish Date
01 Sep 2026

Abstract

Background: Cross-religious matrimonial unions remain a contested juridical issue in Indonesia. The 2019 amendment to the 1974 Marriage Law left interfaith marriage unaddressed, perpetuating divergent judicial and administrative interpretations regarding its permissibility and registrability. Objective: This study examines the regulatory treatment of interfaith marriage within the post-2019 amendment framework and evaluates its juridical status under prevailing Indonesian law. Methods: A normative-doctrinal methodology was adopted, combining statutory, conceptual, and case-law approaches. Primary, secondary, and tertiary legal sources were examined using qualitative interpretive techniques. Results: The analysis reveals that Article 2(1) conditions the validity of marriage on compliance with religious law, effectively preventing marriages between couples whose respective faiths impose divergent matrimonial requirements. This statutory mechanism, combined with the absence of specific provisions governing interfaith marriage, creates persistent legal ambiguity concerning registration procedures and the protection of spouses’ rights. Conclusion: Targeted regulatory reform is warranted to promote legal certainty, equity, and practical applicability without undermining the religious foundations underpinning Indonesian marriage law.

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Journal Info

Abbrev

jlsp

Publisher

Subject

Humanities Education Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

Description

The Journal Of Law and Social Politic provides a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be examined empirically. The Journal Of Law and Social Politic will publish scientific articles in the fields of education, including ...