Sugi Kurnia Pakpahan
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

TINJAUAN YURIDIS PENETAPAN NOMOR 29/PDT.P/2019 PN GIANYAR TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN PUTUSAN MAHKAMAH AGUNG REG NOMOR 1400K/PDT/1986 Sugi Kurnia Pakpahan; Mardalena Hanifah; Setia Putra
Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum Vol 10, No 1 (2023): Januari - Juni 2023
Publisher : Jurnal Online Mahasiswa (JOM) Bidang Ilmu Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Interfaith marriage is a marriage bond between a man and a woman who embracedifferent religions and beliefs while maintaining their respective beliefs. The phenomenon ofinterfaith marriage is not new in Indonesia. Previously, there were rows of Indonesianwomen who married non-Muslim men. A well-known case is the marriage of Andy VonnyGani P, a Muslim couple. The purpose of this writing: First, to find out the arrangements formarriage according to Law Number 1 of 1974 concerning marriage. Second, to find out theregulation of interfaith marriage according to law in Indonesia in relation to the SupremeCourt Decision Number 1400k/pdt/1986 (Case Study of Determination Number 20/pdt.p/2019PN Gianyar)The type of research in this paper is normative legal research. Normative legalresearch is legal research conducted by examining legal literature or secondary data. Thisresearch focuses on research on legal systematics. Research on legal systematics can becarried out on certain laws or recorded laws.From the results of the research, there are two main things that can be concluded.First, the provisions for marriage of different religions are not regulated in the MarriageLaw, Article 2 Paragraph (1) of the Marriage Law is a "blanconorm" or empty rule, so thatthe Civil Code only states that the Law The law views marriage from the point of view of itsrelationship with civil law only. This means that regulations according to religious law arenot important as long as they are not regulated in Civil Law so that interfaith marriages arenot prohibited. Second, marriages of different religions are not specifically regulated, so theSupreme Court Decision Number 1400K/PDT/1986 can be justified because of a legalvacuum, then social realities and needs as above are left legally unresolved, becauseallowing the problem to drag on will definitely lead to negative impacts in terms of social andreligious life in the form of smuggling of social and religious values. Determination ofNumber 29/PDT.P/2019 PN Gianyar which legalizes this interfaith marriage. Because, inorder to avoid unpleasant actions.Keywords: Juridical Review, Marriage, Different Religions