CD Skripsi

Perkawinan Beda Agama Ditinjau Dari Hukum Positif Dan Hukum Islam Di Ndonesia

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ABSTRACT
Interfaith marriages are not specifically regulated in positive law in
Indonesia, namely the Marriage Law. Thus, Indonesian positive law does not
recognize the term inter-religious or inter-religious marriage. However, after the
decision of the Supreme Court Number 1400K/Pdt/1986, the existence of
interfaith marriages in Indonesia is getting bigger.
This research is a normative legal research, because it is based on library
research that takes quotes from reading books, literature, or supporting books
that are related to the problems to be studied assisted by primary, secondary and
tertiary data sources. This study uses qualitative data analysis and produces
descriptive data.
From the results of the study, it is concluded that, First, Interfaith marriages
based on positive law in Indonesia are not explicitly regulated in the Marriage
Law and its amendments, but then the regulation of interfaith marriages in
Indonesia is based on the jurisprudence of Supreme Court Decision Number
1400K/Pdt/1986 and Law Number 23 of 2006 concerning Population
Administration as a place to register marriages. However, many experts argue
that interfaith marriage in Indonesia is something that should not be done.
Second, interfaith marriages based on Islamic religious law are not allowed in
principle. This refers to the provisions of the Qur'an and Al-Hadith. In Indonesia,
the prohibition of interfaith marriages has been voiced by at least 3 Islamic
organizations, including the Indonesian Ulema Council, Nadhatul Ulama, and
Muhammadiyah. The author's suggestions are, First, to the Government so that it
can take definite steps to address the issue of interfaith marriages in Indonesia to
ensure legal certainty. The legal certainty to be achieved is certainly not contrary
to the religious values recognized in Indonesia. Second, Judges at the District
Courts who examine and adjudicate Religious Marriage Applications in Indonesia
should no longer refer to the Jurisprudence of the Supreme Court Decision
Number 1400K/Pdt/1986, but in the context of legal pluralism, it must refer to the
provisions of religious law which are the basic requirements for legitimacy a
marriage.
Keywords: Interfaith Marriage – Positive Law – Islamic Law

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0154)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0154)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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