Rahayu, Yulia Fuji (2024) Analisis Pertimbangan Hakim Terhadap Perkawinan Beda Agama (studi Kasus Pada Putusan Pengadilan Negeri Surabaya Nomor 916/pdt.p/2022/pn.sby). Other thesis, Universitas Islam Riau.

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Abstract

Interfaith marriage in Indonesia is a complex issue involving legal, religious, and social aspects. Indonesia's multicultural and multireligious society often faces challenges in social interactions, especially in the context of marriage. Law Number 1 of 1974 concerning Marriage regulates marriage based on the laws of each religion. This has led to the emergence of various court decisions that validate interfaith marriages, such as the decisions of the Surabaya and Central Jakarta District Courts, which have caused pros and cons in society. The religious aspect is often a barrier, with many religions prohibiting marriage between different adherents. The main problem in this study is How is the Civil Law Regulation Regarding Interfaith Marriage in Indonesia and What is the Basis for the Considerations of the Panel of Judges of the Surabaya District Court to Grant the Application for Interfaith Marriage Based on Decree Number 916/Pdt.P/2022/Pn.Sby. This research method uses a normative research type, namely a type of research used by examining secondary legal materials or library sources that are the basis for normative legal research. This research was conducted by reviewing the decision No. 916/Pdt.P/2022/PN.Sby. To obtain the required data, using the library method. The results of the discussion of the research, it can be seen that Indonesian civil law assesses the validity of a marriage based on administrative requirements, without considering customary values or religious values. Marriage Law Number 1 of 1974 states that a marriage is valid if it is carried out according to the laws of each religion, creating a contradiction in cases of interfaith marriage. The legal uncertainty that arises has an impact on the legal status of children and inheritance rights. The Surabaya District Court Decision No. 916/Pdt.P/2022 granted the registration of interfaith marriages based on the fulfillment of administrative requirements, the Constitutional Court emphasized that Article 2 paragraph (1) of the Marriage Law is in accordance with the constitution, creating a polemic in the legal system. The urgency for regulatory harmonization is needed to ensure legal certainty and protection of human rights for interfaith couples.

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