Pengaturan Perkawinan Beda Agama Di Indonesia Dikaitkan Dengan Undang Undang No 16 Tahun 2019 Tentang Perkawinan

Abstract

Marriage is an inevitable result of the inevitable meeting of a man and a woman. Since Indonesia is made up of thousands of islands, the country is home to individuals of many different races, faiths, and cultural backgrounds. However, there are no clear guidelines for interfaith weddings under the Marriage Law. The goal of this publication is to learn more about the legal framework for interfaith marriage in Indonesia and the steps that may be taken to fill the void in this framework. Normative legal research grounded on statute and case law is used. This investigation makes use of both primary and secondary legal sources. The Marriage Arrangements in Indonesia have not examined marriage polemics between persons of different faiths who still want to be together but who also want to keep their religion by not wishing to accept their partner's religion so that they are subject to the same religious law regulations. One attempt to rectify this gap in the legislation is found in Article 35 letter an of Law Number 23 of 2006 concerning Population Administration, which states that weddings may also be recorded if they are granted permission and approved by the court. The results of this study are that the regulation of interfaith marriages in Indonesia already has a legal umbrella in matters of marriage, but the polemic of interfaith marriages in the regulation in the Marriage Law has not been explicitly regulated and written whether its implementation is prohibited or permitted. The indecisiveness of the Marriage Law in regulating interfaith marriages creates a void in the legal norms in the Marriage Law.