PUTUSAN HAKIM PENGADILAN AGAMA SURABAYA ATAS PERKAWINAN BERBEDA AGAMA Analisa Perkara ( Nomor 916/Pdt.P/2022/PN.Sby.)

Abstract

This journal discusses the regulation of interfaith marriages in Indonesia and how judges' considerations relate to the determination and legalization of interfaith marriages in accordance with the analysis of the Surabaya District Court's decision. Decision of the Surabaya Religious Court Judge on Interfaith Marriage Case Analysis (Number 916/Pdt.P/2022/Pn.Sby.) In this case the author in completing the research used a normative method by utilizing secondary data and qualitative analysis. The conclusion of this entire research journal discusses that judges do not pay attention to and do not comply with the marriage laws and regulations regarding the validity of marriages. It is clearly explained in Article 2 paragraph (1) of the Marriage Law which has explained that marriage is declared valid on the basis of religious equality of both parties which can be interpreted that two people can be married and are said to be legally husband and wife if they have different religions and beliefs. the same, when the two people are of different religions and beliefs, the consideration must be from 2 religions, not from one religion and the dispensation given by one religion does not become a benchmark for the judge to issue marriage legalization because in this case two considerations are needed from the two different religions. different. Therefore the judge cannot legitimize the marriage but only has the authority to order the registration of interfaith marriages. because a marriage can be said to be valid based on religion Abstract no more than 200 words, provides a brief summary of the contents which includes background, research questions, objectives, methodology, discussion, conclusions, and suggestions.