Akibat Hukum Perceraian Di Pengadilan Negeri Menurut Hukum Gereja Studi Kasus Di Pengadilan Negeri Pekanbaru

Simanjorang, Valentine (2022) Akibat Hukum Perceraian Di Pengadilan Negeri Menurut Hukum Gereja Studi Kasus Di Pengadilan Negeri Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

Indonesian society is classified as heterogeneous and diverse in all its aspects. In religious life it is clear that there are several religions that are recognized in Indonesia. All of these religions have their own rules, including the procedures for marriage and divorce. Marriage is legal in Indonesia if it fulfills national law and religious law. But it is different from divorce where there is a principle difference between national law and religious law, where Law No. 1 of 1974 concerning Marriage regulates procedures and reasons for divorce while religious law, especially the Christian religion, does not recognize and regulate divorce. As for the problems of this research are as follows: First, what are the legal consequences of divorce in the District Court according to church law. Second, is a divorce in the District Court valid according to church law. In this study the authors used empirical sociological methods through a descriptive approach. With this research, the researcher intends to see directly how the process and procedure for divorce took place in the District Court and the legal consequences of divorce in the District Court according to church law in the city of Pekanbaru. The method of drawing conclusions in this study is a deductive method, namely drawing general conclusions into specific results. By using data collection methods interviews, questionnaires, observation, and documentation. Based on the results of research conducted at the Pekanbaru District Court, it shows that for: First, the legal consequences of divorce at the District Court are that the church firmly rejects divorce that occurs among people and the church also strives for the marriage to be harmonious again. Among Christians, both Catholics and Protestants, believe that marriage is united by God, so humans cannot separate it, so divorce is a prohibition (Matthew 19: 4-6). Second, according to church law regarding divorce which was decided by the District Court between Protestant Christians and Catholics is also different, where the Protestant church is now more open and respects the congregation's decision to carry out a divorce and this is the opposite of the Catholic church. Catholic Christians in defining a marriage as explained above and taught in their doctrinal teachings have the characteristics of marriage, namely Unitas Et Indisolubility is a trait that cannot be broken in a marriage that gets special confirmation on the basis of the sacrament.

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