Pernikahan Beda Agama Islam Di Daerah Jakarta Selatan

Abstract

This research explores the phenomenon of interfaith marriages in South Jakarta, particularly concerning legal perspectives, the diverse religions in Indonesia, and their impact on human rights. The background of the study examines the origins of religious values in Indonesia, the role of religion in the state ideology, and the concept of "Ketuhanan Yang Maha Esa" (Belief in the One and Only God) in Pancasila. Marriage, as a social and legal institution, is the focus of the research, discussing marriage regulations in Indonesia, especially those related to the religious status of prospective spouses. The research methodology involves a literature review, gathering and analyzing literature from various sources such as books, journals, and recent news. The discussion includes perspectives from Islam, Hinduism, Christianity, Catholicism, Buddhism, and Confucianism regarding interfaith marriages, as well as the views of the Supreme Court and Religious Courts on this matter. The findings indicate that some religions prohibit or deem interfaith marriages as forbidden, while others permit them under certain conditions. Although the Marriage Law states that a marriage is valid if conducted in accordance with the respective religious laws, the implementation still raises debates, particularly in administrative records. In recent years, the South Jakarta District Court has granted permission for interfaith marriages, raising questions about the permissibility of such marriages in Indonesia. Some judges argue that the Marriage Law does not explicitly prohibit interfaith marriages, while others hold the opposite view. In conclusion, interfaith marriages in Indonesia involve the complexity of religious norms, legalities, and administrative procedures. A more open approach and clear legal solutions are needed to address differing perspectives and safeguard human rights, especially concerning the status of children born from interfaith marriages.