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VOL. 6, ISSUE 5 (2020)
Reconstruction of law on inter-religion marriage in Indonesia based on justice value
Authors
Doni Adi Supriyo, Gunarto, Achmad Khisni
Abstract
Inter-Religion Marriages are marriages between followers of different religions or faith. In Indonesian society today, there are many cases of inter-religion marriages that occur which of course have a major impact on the provisions of inheritance and guardianship. This encourages the author to conduct a study on the subject matter of what are the weaknesses of the current construction of regulations on Inter-Religion Marriage in Indonesia, and how the reconstruction of regulations on Inter-Religion Marriage in Indonesia based on the value of justice. This research is a descriptive-analytical, meaning that the results of this study attempt to provide a comprehensive, in-depth picture of a condition or symptom being studied. The approach method used in this research is the empirical juridical approach method where the data analysis used in this research is qualitative data analysis. The results of the study indicate that the construction of regulations on interfaith marriage has not been based on the value of justice because of the many rejections for marriages with different religions. To overcome this, it is necessary to reconstruct the regulation of interfaith marriage based on the value of justice in Article 2 paragraph 2 of Law Number 1 of 1974 reads: Every marriage is recorded according to the law of each religion and belief, Article 56 paragraph 1 of Law Number 1 of the Year 1974 which reads: Marriage which is held outside Indonesia between two Indonesian citizens or an Indonesian citizen and a foreigner is legal if it is carried out according to the law of each religion and belief, Article 56 paragraph 2 of Law Number 1 of 1974 reads: Within 1 (one) year after the husband and wife return to Indonesian territory, marriages conducted according to the law of religion and belief must be registered at the Marriage Registration Office where they live.
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Pages:411-416
How to cite this article:
Doni Adi Supriyo, Gunarto, Achmad Khisni "Reconstruction of law on inter-religion marriage in Indonesia based on justice value". International Journal of Law, Vol 6, Issue 5, 2020, Pages 411-416
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