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International Journal of
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VOL. 5, ISSUE 5 (2019)
Legal certainty for native-faith follower regarding marriage registration after the issuance of constitutional court decision no. 97/PUU-XIV/2016
Authors
Herdiani Anggraina Salas Novianoca, Burhanudin Harahap
Abstract
A marriage is legitimate if it has been performed according to the laws of the respective religions and beliefs of the parties concerned, and is registered. Marriage registration will result in legal consequences for the husband and wife. Unregistered marriage will not hold legal consequences. Marriage registration for Native-faith follower seems to be difficult due to the absence of Religion column in Identity Card (KTP) and Family Card (KK). The present study discussed the marriage registration for Native-faith follower before and after the issuance of Constitutional Court decree no. 97/ PUU-XIV/2016. This study aimed to understand the marriage registration for Native-faith follower before and after the issuance of Constitutional Court decree no. 97/PUU-XIV/ 2016, as well as its legal certainty. This study was classified into normative legal study, the data that were collected were secondary data, gained from literature review. By Constitutional Court no. 97/PUU-XIV/ 2016, which is followed up by Government Regulation no. 40 of 2019, the Native-faith follower has gained their legal certainty on marriage registration. Before the issuance of Government Regulation no. 40 of 2019, the Native-faith followers marriage cannot be registered due to the absence of religion column in KTP and KK. Accordingly, their marriage does not result in legal consequence and legally invalid. After the issuance of Government Regulation no. 40 of 2019, they could have their marriage registered so that the marriage is legally valid and may result in legal consequence.
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Pages:63-68
How to cite this article:
Herdiani Anggraina Salas Novianoca, Burhanudin Harahap "Legal certainty for native-faith follower regarding marriage registration after the issuance of constitutional court decision no. 97/PUU-XIV/2016". International Journal of Law, Vol 5, Issue 5, 2019, Pages 63-68
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