ANALISIS YURIDIS TENTANG PUTUSAN PN JAKSEL ATAS DIPERBOLEHKANNYA PERNIKAHAN BEDA AGAMA (Analisis Putusan Nomor : 508/PDT.P/2022/PN JKT.SEL)

Abstract

Marriage is a bond of agreement both social and legal between individuals that forms kinship relations and cultural unification so as to create relations between men and women. Marriage is a sacred and holy thing. Marriage is valid if it is carried out according to the laws of each religion and the beliefs of the partners. In Law Number 1 of 1974 concerning marriage, it is explained that "Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the One Almighty God." Therefore, the regulation of the marriage law is one of the most important things that forms the basis of the marriage between the two parties who bind themselves to become a couple. Marriage is a legal act and therefore whether a marriage is valid or not is determined by the applicable law (positive law). According to the Marriage Law Number 1 of 1974 Article 2 it says that: "Marriage is legal if it is carried out according to the laws of each religion and belief." Seeing from the context of the Islamic religion, the legal basis that is used as a reference in matters of marriage is regulated in the compilation of Islamic law. As written in Article 40 letter C and Article 44, interfaith marriages between Muslims and non-Muslims should not be carried out. The practice of interfaith marriage has been clearly and expressly prohibited in the provisions of the laws and regulations in force in Indonesia, but it is still being ignored by the panel of judges on the grounds that they may not prevent people from getting married because it violates human rights

Keywords : Interfaith Marriage