CD Skripsi
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
ABSTRACT
Interfaith marriage is a marriage bond between a man and a woman who
embrace different religions and beliefs while maintaining their respective beliefs.
The phenomenon of interfaith marriage is not new in Indonesia. Previously, there
were rows of Indonesian women who married non-Muslim men. A well-known
case is the marriage of Andy Vonny Gani P, a Muslim couple. The purpose of this
writing: First, to find out the arrangements for marriage according to Law
Number 1 of 1974 concerning marriage. Second, to find out the regulation of
interfaith marriage according to law in Indonesia in relation to the Supreme
Court Decision Number 1400k/pdt/1986 (Case Study of Determination Number
20/pdt.p/2019 PN Gianyar)
The type of research in this paper is normative legal research. Normative
legal research is legal research conducted by examining legal literature or
secondary data. This research focuses on research on legal systematics. Research
on legal systematics can be carried 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 Marriage Law, Article 2 Paragraph (1) of the Marriage Law is a
"blanconorm" or empty rule, so that the Civil Code only states that the Law The
law views marriage from the point of view of its relationship with civil law only.
This means that regulations according to religious law are not important as long
as they are not regulated in Civil Law so that interfaith marriages are not
prohibited. Second, marriages of different religions are not specifically regulated,
so the Supreme Court Decision Number 1400K/PDT/1986 can be justified
because of a legal vacuum, then social realities and needs as above are left
legally unresolved, because allowing the problem to drag on will definitely lead to
negative impacts in terms of social and religious life in the form of smuggling of
social and religious values. Determination of Number 29/PDT.P/2019 PN
Gianyar which legalizes this interfaith marriage. Because, in order to avoid
unpleasant actions.
Keywords: Juridical Review, Marriage, Different Religions
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