Journal articles on the topic 'Marriage Indonesia'
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1
Wahyuni, Sri, Resti Dian Luthviati, Muhammad Jihadul Hayat, and Utkarsh K. Mishra. "The Registration Policy of Interfaith Marriage Overseas for Indonesian Citizen." BESTUUR 10, no. 1 (August 6, 2012): 12. http://dx.doi.org/10.20961/bestuur.v10i1.64330.
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Interfaith marriages have long been a debated issue of marriage law in Indonesia. Since the marriage law was issued, there has been no clear legal stance governing interfaith marriage, particularly when involve Muslim/ah bride or groom. While the fact is, interfaith marriage is an unstoppable reality in the plural society. Not being recognized for its legitimacy according to Indonesian regulation makes the interfaith couples think to utilize out of the box solution that is conducting marriage overseas. The problem is whether interfaith marriages abroad can be considered legal in Indonesia and how is the registration process in Indonesia after their arrival. This study aims to explain the process of registering interfaith marriages carried out outside Indonesia after the couples return to Indonesia. The data was collected through the study of primary legal materials of Indonesian marriage laws and lower regulations. Data were also collected through interviews. This article argues that interfaith marriages are not well regulated in Indonesia. Therefore their validity cannot be justified. Interfaith marriages conducted abroad can be registered at the civil registry office. The civil registry office does not question the validity of the marriage.
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Mariani, Mariani. "KEDUDUKAN PERKAWINAN BEDA AGAMA DAN PERKAWINAN CAMPURAN DI INDONESIA." Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 19, no. 1 (June 29, 2020): 84. http://dx.doi.org/10.18592/al-banjari.v19i1.3821.
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There are two categories of mixed marriages in Indonesia, namely mixed marriages between religions / different religions and mixed marriages across countries / different nationalities. This research method using descriptive-analytical method. The conclusions are: Mixed marriages carried out in Indonesia refer to the applicable marriage laws in Indonesia. In order to carry out mixed marriages between Indonesian citizens and citizens of other countries, in general the requirements for marriage as regulated in the marriage law must first be met; Mixed marriages across countries, namely marriages made by Indonesian citizens with foreign citizens are allowed and legalized / recognized by the State, as long as all the terms and conditions regulated by the laws of the respective countries of origin of the bride and groom are fulfilled and there is no prohibition for both of them to carry out wedding; and Islamic Law and Indonesian Positive Law allow marriage between two people of different nationalities, but prohibit mixed marriages due to religious differences and do not obtain legal legality.
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Nuryanti, Sofiya, and Muh Jufri Ahmad. "HUKUM PERKAWINAN PASANGAN BEDA AGAMA DI INDONESIA." Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance 2, no. 1 (April 30, 2022): 303–15. http://dx.doi.org/10.53363/bureau.v2i1.134.
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This study discusses mixed marriages between those of different nationalities, different ethnicities, races or religions, which often occurs in Indonesia, namely interfaith marriages. This has become a controversial issue in Indonesia, where the rules regarding marriage are not clear and more and more interfaith marriage practices occur, so research is needed. The type of research used in this research is normative legal research by conducting research on legal norms that apply in Indonesia related to the proposed legal issues. It can be concluded that marriages to interfaith couples often occur and cause problems in the administration due to the absence of clear rules and set out as a prohibition, although in Indonesia marriage to interfaith couples is not justified, but the Population Administration Law provides an opportunity but the civil registry office does not. record interfaith marriages. So it is necessary to clarify the laws governing it so that the Indonesian people get legal certainty regarding this interfaith marriage
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Pratiwia, Siska, and Daffa Ramadhani Yanuar. "Emerging Cross-Cultural Marriage Between Indonesian Brides and Turkish Grooms." Turkish Journal of Diaspora Studies 2, no. 2 (September 30, 2022): 106–23. http://dx.doi.org/10.52241/tjds.2022.0043.
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Marriage migration is a phenomenon that has been increasing recently. This includes cross-cultural marriages between Indonesian brides and Turkish grooms. This study aims to prove how the marriage migration phenomenon results in increasing cross-cultural marriages. Using quantitative demographic data collected from the Embassy of the Republic of Indonesia in Türkiye, this study explores the patterns of cross-cultural marriages between Indonesian brides and Turkish grooms with descriptive methods. In 2022, data shows that out of 87 cross-cultural marriages, 82 Indonesian brides were the leading actors in marriage migration and settled in Türkiye with their husbands. This study aims to give an early understanding of factors that encourage Indonesian brides to marry Turkish grooms and migrate from their host country. This study also examines how the potential crosscultural couple meets for the first time. Additionally, it examines Indonesian brides educational background and the Turkish language proficiency of brides who decide to migrate, including how these factors might affect their marriage. This study’s results provide details about the cross-cultural marriage landscape between Indonesia and Türkiye.
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Rahajaan, Jacobus Anakletus. "Legalitas Pernikahan Siri di Indonesia." PUBLIC POLICY (Jurnal Aplikasi Kebijakan Publik & Bisnis) 1, no. 1 (February 19, 2020): 61–75. http://dx.doi.org/10.51135/publicpolicy.v1.i1.p61-75.
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This study aims to analyze the legality issues of siri marriages which have become polemic in the life of the people in Indonesia and their impact on women and children according to Indonesian marriage law, which is regulated according to Law Number 1 of 1974 concerning marriage. This study uses the type or type of Normative Legal research and library research, using the statutory approach, conceptual approach, and the comparative approach. This study uses these approaches because what is examined here is the rule of law and/or legislation relating to marital marriages. The research results are then analyzed and described qualitatively.
The results of this study indicate that, Law Number 1 of 1974 concerning marriages is still ambiguous, there is a norm conflict between one article and another that causes confusion and differences in perception among the community that triggers polemics. So that through the results of normative juridical studies, this research concluded that based on legal principles and legal norms in Law No. 1 of 1974 concerning marriages along with other statutory regulations, Siri marriages are marriages that are considered illegal. Thus, this legal juridical illegitimate marriage will have a very detrimental effect on the parties, especially women and children who are bound in the marital relationship of Siri.
Keywords: Legality, Siri Marriage
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Alfin, Aidil, and Busyro Busyro. "NIKAH SIRI DALAM TINJAUAN HUKUM TEORITIS DAN SOSIOLOGI HUKUM ISLAM INDONESIA." Al-Manahij: Jurnal Kajian Hukum Islam 11, no. 1 (February 22, 2018): 60–78. http://dx.doi.org/10.24090/mnh.v11i1.1268.
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The differences of laws in marriage registration have generated argumentative conflicts among the ulama. Some of them agree and the others disagree. Ulama who agree say that proscribing secretly marriage (nikah siri) is in accordance to Islamic law. Even though the regulation about marriage registration has been written in The Indonesian Act No. 1 of 1974 on Marriage and in the Compilation of Islamic Law in Indonesian, the practice of secret marriage is still existed among Indonesian Muslim society. They base their practices on what some of local ShafiiyahUlema say all the time that this kind of marriage is in accordance to shari’ah. It is common to say that Shafi’ischool of law is the largest shari’ahschool of law in Indonesia. In the sociology of Islamic law, most of the scholars in Indonesia who adhere to the Shafi'i school and also most of the Indonesian Muslim community adhere to the same school, may have a significant influence on the constraints of reform of Islamic law related to the registration of marriages in particular and other matters about marriage in general contained in the Law No. 1 of 1974 and the Compilation of Islamic Law in Indonesia.
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Mucharom, Rully Syahrul, Wardah Yuspin, and Absori Absori. "Comparison of Law Between Merariq Traditional Marriage Law and Marriage Law Number 16 of 2019." International Journal of Social Science Research and Review 5, no. 10 (October 6, 2022): 321–27. http://dx.doi.org/10.47814/ijssrr.v5i10.594.
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Marriage Law in Indonesia is regulated in Act Number 1 of 1974 concerning Marriage and undergoing changes to Act Number 16 of 2019, which regulates how the norms and principles of marriage are considered and recognized by the Indonesian state. The purpose of marriage in Indonesia as regulated in Act Number 1 of 1974 article 1 states that: "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the Almighty God. one". The problem that arises then is whether the existing and developing customary marriages before the enactment of the Marriage Law can be recognized by the Indonesian state. The types of customary marriages that are not in accordance with the objectives, norms, and principles of marriage according to the Marriage Law are one of them is the Merariq Traditional Marriage Tradition, which from this merariq marriage tradition results in many early marriages or child marriages according to the legal age threshold. Law Number 16 of 2019 which is the main discourse of this study looks at the dimensions of Marriage Law through the eyes of the Merariq Indigenous Marriage of the Sasak Tribe. This study uses a normative juridical approach where this approach is carried out by tracing the norms that live in Indonesian positive law. Whereas the cases raised by merariq traditional marriages have caused many legal problems, furthermore, the high level of child marriage is due to the absence of a social safety net for anyone who wants to carry out a merariq marriage so that there is no legal protection and certainty for the parties to the marriage, especially women who are in a vulnerable position, Therefore, the implementation and enforcement of national marriage law must be considered again in its enforcement and implementation so that there is no legal vacuum where national law is not present in the community.
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Nisa, Eva F. "THE BUREAUCRATIZATION OF MUSLIM MARRIAGE IN INDONESIA." Journal of Law and Religion 33, no. 2 (August 2018): 291–309. http://dx.doi.org/10.1017/jlr.2018.28.
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AbstractThe phenomenon of “secret” (siri) Muslim marriages—marriages that are conducted without state recognition—has become a hotly debated topic in Indonesia, particularly since the emergence of Muslim marriage agencies that organize unregistered online marriages. The issue is particularly contested between the state, women's activists, legal activists, and religious leaders. This article analyses the current efforts of the Indonesian state to bureaucratize Muslim marriages by insisting that unregistered marriages need to be registered with the state, and the societal responses to such regulations. Those who believe in the importance of state registration of Muslim marriage emphasize that it is an integral part of social reform. However, it has also been seen as creating problems when it only serves the interests of the majority and stands in the way of minority religious understandings, particularly by some conservative Muslims who believe that marriages within the Muslim community should be regulated by Muslim leaders (ʿulamāʾ) only, and not the state. This article argues that unregistered marriage has been the real test of the bureaucratization of religion in Indonesia. The government's effort to demonstrate its Islamic credentials by accommodating the people's majority religion has led it to assume an ambiguous position on the issue of unregistered marriages.
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Latupono, Barzah. "Pencatatan Perkawinan Di Indonesia Dikaitkan Dengan Good Governance." SASI 24, no. 2 (February 28, 2019): 150. http://dx.doi.org/10.47268/sasi.v24i2.129.
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Marriage registration carried out by marriage registrar employees is often not in accordance with the rules set out in the Act. The law requires that the marriage record be carried out if it has fulfilled the legal requirements for marriage. There are cases of marriages that do not meet the legal requirements of marriage and there are also marriages that meet the legal requirements of marriage but are not stated. State apparatus in various service sectors, especially those concerning the fulfillment of civil rights and basic needs of the community, must be carried out in accordance with the mandate of the 1945 Constitution. Marriage records, such as the making of National Identity Cards or Driving Permits, actually discuss public services that are the responsibility of the state. So that it should pay attention to the principle of good governance, one of which is to establish costs that are in accordance with the standard of living of the people and procedures that are not user-friendly.
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Fatimah Zuhrah, Muhammad Jailani, Mulia Siregar,. "Islamic Legal Protection of Child's Rights in Polygamous Marriage in Indonesia." Psychology and Education Journal 58, no. 1 (January 20, 2021): 5195–200. http://dx.doi.org/10.17762/pae.v58i1.1773.
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The Indonesian Marriage Law Act Number 1/1974, and the Compilation of Islamic Law (KHI) regulate the constitutional law of polygamous marriage in Indonesia. The act states that the basic principle of marriage in Indonesia is monogamy. The act also says that the husband must show evidence telling his ability to fulfill his family needs. The study on these issues conducted in Indonesia is a part of the Indonesia Islamic family law. The neglected protection of the child’s rights in a family needs to be escorted through imposing the rules concerning it. This study aims to find out the implementation of the protection of child rights in Islamic law on polygamous marriage. This research employed a qualitative method with a socio-legal study case approach. The result of the study showed first, there is always a problem in the matter of the child’s rights that should be fulfilled by polygamist fathers that have to be protected. Second, the rights of children in polygamous marriage cannot be fulfilled equally especially in unrecorded polygamous marriages. Third, there is uncertainty in the marriage law related to the maturity of children who are still under the protection of parents, where this uncertainty will make it difficult to implement the law. Basically, the protection of children in polygamous marriages has been regulated in the Islamic Marriage Law in Indonesia. However, there are still many gaps in Islamic legal protection in child protection in polygamous marriages, plus there are still many people who do not comply and ignore it.
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Sukindar, Sukindar. "KETENTUAN PENGATURAN KAWIN KONTRAK DALAM PERSPEKTIF HUKUM POSITIF DI INDONESIA." LEGALITAS 5, no. 1 (July 8, 2020): 113. http://dx.doi.org/10.31293/lg.v5i1.4751.
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Contract marriages are one of the 3 types of marriages known in Indonesia. As it is known that contract marriages are marriages made by certain parties with specific aims and objectives and within a certain period of time. So the marriage is actually a marriage that is not appropriate and deviates from the noble purpose of the actual marriage, which is to form an eternal household and only seek the pleasure of God, in accordance with the provisions as regulated in applicable laws in Indonesia.Therefore, the purpose of this paper is to find out the actual arrangements related to the practice of contract marriages which are still widely practiced in Indonesia.This type of research used in this study is normative juridical type of research, namely research conducted based on the legal scientific character of the normative side.The results of the study showed that the practice of contract marriages that were carried out was not appropriate and violated the provisions of the legislation that acted as positive law in Indonesia. This is due to the contract marriage there are several things that were promised such as, a number of assets that must be issued and the deadline for the end of the marriage has been determined, then obviously such a marriage is a marriage arranged by the parties themselves and ignores the provisions of the applicable laws and regulations. While the regulations that specifically regulate contract marriages have not yet existed in Indonesia.
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Zakaria, Endang, and Muhammad Saad. "Nikah Sirri Menurut Hukum Islam Dan Hukum Positif." Kordinat: Jurnal Komunikasi antar Perguruan Tinggi Agama Islam 20, no. 2 (October 9, 2021): 249–64. http://dx.doi.org/10.15408/kordinat.v20i2.21933.
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Islamic law defines marriage as an absolute obligation to follow Allah's command and carry it out as worship and represents a very strong bond. In the context of unregistered marriage, it can be defined as “a form of marriage based on religious law or custom, as well as one that is not announced to a crowd and is not registered with the marriage registry”. This paper discusses literacy in Islamic law and positive law on unregistered marriages. Positive law studies on unregistered marriages are carried out on the essence of the Law of the Republic of Indonesia and Government Regulations. According to Indonesian law, sirri marriage is a marriage that is not based on the principle of legality. In Islam, the study of unregistered marriage was based on Qur’an and hadith. This means that it is not legally binding. A marriage that is in accordance with the pillars and conditions of marriage is valid under Islamic law, as are marriages performed in sirri marriages, as defined in Indonesian law.
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Wahyuni, Sri. "Kontroversi Perkawinan Beda Agama di Indonesia." Al-Risalah 11, no. 02 (December 1, 2018): 14. http://dx.doi.org/10.30631/al-risalah.v11i02.466.
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This article discusses the law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66, the law expert stated that there is a vacant in that law, thus the rules of different‐religion marriage can be applied. In that way, the marriage between different religions can be done in the register office. On the reality, people of Indonesia still demand the application of marriage between different religions. That conclusion is gathered from the many marriages between different religions which relatively difficult to be done. For that reason, that problem needs to get solution
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Wahyuni, Sri. "Kontroversi Perkawinan Beda Agama di Indonesia." Al-Risalah: Forum Kajian Hukum dan Sosial Kemasyarakatan 11, no. 02 (December 1, 2018): 14–34. http://dx.doi.org/10.30631/alrisalah.v11i02.466.
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This article discusses law problem of marriage between different religions in Indonesia, especially after the application of Bill number 1 year 1974 about marriage. In this discussion, the marriage between different religions is difficult to be done after the application of that Bill. Because of inadequate explanation about different‐religion marriage on the bill, there occurs problems on the interpretation and application. Referring to the Bill of Marriage Chapter 2, it is stated that it is not allowed to marry a person with different religion. However, based on Bill of Marriage number 66, the law expert stated that there is a vacant in that law, thus the rules of different‐religion marriage can be applied. In that way, the marriage between different religions can be done in the register office. On the reality, people of Indonesia still demand the application of marriage between different religions. That conclusion is gathered from the many marriages between different religions which relatively difficult to be done. For that reason, that problem needs to get solution.
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Wahab, Abdul Jamil, Fakhruddin Fakhruddin, and Mustolehudin Mustolehudin. "MARRIAGE PROBLEMS OF INDONESIAN CITIZENS LIVING IN THE NETHERLANDS UNDER THE PERSPECTIVE OF MARRIAGE LAW." Analisa: Journal of Social Science and Religion 3, no. 02 (December 28, 2018): 255–77. http://dx.doi.org/10.18784/analisa.v3i02.662.
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The present study described the process and the problems of marriage registration for Indonesian citizens who live in the Netherlands. Through qualitative approach, the study found that the marriage for Indonesian brides and grooms who are Muslim in Den Haag had been recorded by the Embassy of the Republic of Indonesia in the country. The process of delivering marriage service in the Embassy had been simple and easy if the bride and grooms were able to provide the marriage requirements. On the other hand, mixed-marriages were unable to be recorded in the Embassy; however, these mixed-marriages might be recorded in Gemeente or the office of local authority on the country. In addition, the present study also found that several Indonesian citizens in the Netherlands had decided to opt for sirri marriage or religion-based marriage and thus they did not record their marriage in either the Embassy or the Gemeente. The sirri marriage had been selected because the brides and the grooms did not have valid administrative requirements. These brides and grooms usually registered themselves as life partners. Socially, sirri marriage did not have negative impacts because the partners still had social security provided by the government; as a result, civil, social, and economic rights had not been limited. Furthermore, the present study found that the spouses of mixed-marriages in the Netherlands encountered conflict of laws in which the Marriage Law admitted the law of the state in which the marriage had been held but also urged the single-faith marriage. On that basis, the present study would like to recommend reconstruction of marriage law in Indonesia, by recognizing the marriage record that has been legally carried out in other country.
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Suhasti, Ermi, Siti Djazimah, and Hartini Hartini. "Polemics on Interfaith Marriage in Indonesia between Rules and Practices." Al-Jami'ah: Journal of Islamic Studies 56, no. 2 (May 30, 2019): 367–94. http://dx.doi.org/10.14421/ajis.2018.562.367-394.
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The Indonesian rules on marriage manage that a marriage is required to be one faith marriage, i.e., a man and woman to embrace the same religion, and prohibits interfaith marriage. However, in practice interfaith marriage is concluded and the couple of such marriage struggled to conduct the marriage and to have the marriage legitimized. One of the ways is to propose a designation or decree from the civil court to officially allow them to marry and to mandate the Civil Marriage Registrar to register their marriages. This article discusses the practice of interfaith marriages based on the permission from the civil courts’ judges in Surakarta. Deploying the socio-legal approach and based on interviews with some relevant persons and on the observation on a number of civil courts’ decrees, this article finds that there are interfaith marriages in Indonesia and interfaith couple struggled to get their marriages officially admitted and legalized by taking the advantage of the legal gap on the issue. This article also argues that there has been divergent legal interpretation within Indonesians which led to legal uncertainty regarding the rules of interfaith marriage in Indonesia.[Peraturan tentang perkawinan di Indonesia mengatur pernikahan satu agama. Pernikahan harus antara wanita dan laki-laki Muslim dan larangan pernikahan beda agama. Banyak praktik pernikahan melakukan ikatan beda agama. Pernikahan ini diilakukan para pasangan dengan berupaya keras dengan cara apapun untuk dapat menikah secara formal. Salah satu cara dengan memohon ijin melalui putusan Pengadilan Negeri. Pengadilan memberikan ijin pernikahan beda agama dan mandat kepada pegawai Pencatat Sipil untuk dicatatankan sebagai pernikahan. Artikel ini mengkaji praktik pernikahan beda agama melalui penetapan Pengadilan Negeri di Surakarta. Penelitian ini menggunakan pendekatan sosiologi hukum dengan wawancara dan analisa terhadap beberapa penetapan dalam penyusunan paper. Artikel ini membahas pernikahan beda agama yang dilakukan masyarakat Indonesia yang mengalami kesulitan dan mengupayakan secara keras cara dalam pernikahan beda agama. Argumen lain artikel ini adalah pola penafsiran hukum yang beragam dari pasal-pasal Kompilasi Hukum Islam dan Undang-Undang Perkawinan. Tafsir ini membawa pada ketidakmapanan dan ketidakpastian hukum terkait dengan ketentuan pernikahan beda agama di Indonesia.]
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Hedi, Fathol, Abdul Ghofur Anshori, and Harun Harun. "Legal Policy of Interfaith Marriage in Indonesia." Hasanuddin Law Review 3, no. 3 (December 26, 2017): 263. http://dx.doi.org/10.20956/halrev.v3i3.1297.
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Marriage is not just a bond between men and women, but the inner bond between a man and a woman based on the One and Only God. This research was a philosophical normative, thus the approaches used were philosophical, normative, and historical. Besides, a qualitative-descriptive strategy was used in finding a depth description of the law politics of interfaith marriage regulation in Indonesia based on the the 1974 Marriage Law. The results show that the interfaith marriage is not regulated in the 1974 Marriage Law, because: First, the rejection of the majority of Muslims and the faction in Parliament because the interfaith marriage is against the aqidah (matters of faith) of Islam; Second, the interfaith marriage is contrary to the marriage culture in Indonesia, because marriage contains legal, sociology and religious aspects; Third, the interfaith marriage is contrary to the theological teachings of religions in Indonesia that do not want interfaith marriages, such as Islam, Christianity, Protestantism, Hinduism and Buddhism. Furthermore, the interfaith marriage is inconsistent with the philosophical purposes of marriage in Indonesia where the purpose of marriage forms a happy and eternal family based on the One Supreme God.
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Judiasih, Sonny Dewi, Susilowati Suparto, Anita Afriana, and Deviana Yuanitasari. "WOMEN, LAW AND POLICY: CHILD MARRIAGE PRACTICES IN INDONESIA." NOTARIIL: Jurnal Kenotariatan 3, no. 1 (July 6, 2018): 47. http://dx.doi.org/10.22225/jn.3.1.647.47-55.
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Child marriages are common throughout Indonesia. This is due to a strong influence of Indonesian customs and religion that strongly influence the lives of its people. It is worth pointing that marriage age arrangements in Indonesian Marriage Law reinforces that legal age for men is 19 years and 16 years for women. The 2012 statistics show that Indonesia is the 37th highest in the world in child marriage, while at the Southeast Asian level, this country ranks second after Cambodia. The ranking went up dramatically since in 2016, based on UNICEF, Indonesia ranked the 7th in child marriage worldwide. This means that the practice of child marriage in Indonesia happens, especially to women at the age of 18 years, and there is no discrimination related to the age of marriage. Against this matter, there has been a file for judicial review that demands marriage age for men and women to be pegged at the age of 18 years. However, the Judge of the Constitutional Court, through Decision Number 30-74/PUU-XII/2014, states that age of marriage remains valid for the 19-year-old for man and 16-year-old for women. The struggle does not stop there because at this time, there a national movement of STOP CHILD MARRIAGE formed by civil organisations in cooperation with the Commission of Child Protection and Ministry of Woman Empowerment and Child Protection. This movement sees that the practice of child marriage is a national emergency problem that must be addressed seriously. Further, this movement demands immediate enactment of government regulation in favour of the law which must promptly revise the Marriage Law, especially related to the marriage age.
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Sudirman, Sudirman, and Iskandar Iskandar. "RESOLUSI ISBAT NIKAH DI INDONESIA: Sebuah Pendekatan Maslahah." JIL: Journal of Islamic Law 1, no. 1 (February 28, 2020): 100–114. http://dx.doi.org/10.24260/jil.v1i1.16.
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The problems related to Isbat of marriages (isbat nikah) are still arising because marriage without registration is still being done. The weak of regulation and suboptimal efforts to regulate marriages that were not registered after 1974 added to the Isbat of a marriage behavior problem. The focus of this research is Isbat of marriage in a review maslahah. This research uses qualitative descriptive methods. The results showed that Isbat of marriage is examined in terms of maslahah will place it in terms of maslahah hajjiyyah. This is supported in terms of the level of benefit. A marriage will not be able to find perfect happiness if the fulfillment of the Hajjiyah in the marriage is not fulfilled. Moreover, the Isbat of marriage is a way to fulfill administrative requirements in re-registering marriages that have been made. In addition to the position of the issue, there must also be more concrete regulations that regulate certain matters related to marriage issues so that administrative order in marriage is created.
Masih terus munculnya permasalahan terkait isbat nikah disebabkan karena kerang menikah tanpa pencatatan masih terus terbuka. Regulasi yang lemah serta kurang optimalnya upaya penertiban pernikahan yang tidak tercatatkan setelah tahun 1974 menambah permasalahan terhadap perilaku isbat nikah. Fokus penelitian ini adalah isbat nikah dalam tinjauan maslahah. Dengan menggunakan metode penelitian diskriktif kualitatif. Hasil penelitian menunjukkan bahwa isbat nikah jika dikaji dari segi maslahah maka akan menempatkan isbat nikah pada segi maslahah hajjiyyah. Hal ini didukung dari segi tingkatan kemaslahatannya. Suatu pernikahan tidak bisa menemukan kebahagiaan yang sempurna, jika pemenuhan hajjiyah dalam pernikahan tersebut tidak terpenuhi. Terlebih lagi, isbat nikah merupakan suatu cara untuk pemenuhan administrasi dalam meregistrasi ulang pernikhan yang pernah dilakukan. Selain posisi maslahah tersebut, juga harus ada regulasi yang lebih konkrit mengatur secara pasti terkait isbat nikah sehingga tercipta ketertiban administrasi dalam perkawinan.
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Mardiono, Eko. "Pernikahan Dini Dalam Hukum Perkawinan di Indonesia." Musãwa Jurnal Studi Gender dan Islam 8, no. 2 (July 31, 2009): 223. http://dx.doi.org/10.14421/musawa.2009.82.223-244.
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Contemporary Indonesians witness the rise of the popularity of marriage of the minors, despite the application of the Indonesian Marriage Law no 1/1974 that forbids child marriages for decades. The enactment of the Law decades ago was meant to be a social engineering mean to erase the practice of child marriage with social compromises. Recent research in medical studies show that there is significantly high risk for young women under 18 years old who do sexual intercourse to be infected with servick cancer. Many other research on child marriage using psychological and social approaches also suggest that actors of child marriage are of high risk of suffering from social and psychological troubles. Now, what can we do with the Indonesian Marriage Law that still endorse marriage for girls under 18 years old? This paper discusses the issues from different perspectives.
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Muttaqin, Muhammad Ngizzul. "UNREGISTERED MARRIAGE BETWEEN INDONESIAN CITIZENS AND FOREIGN CITIZENS WITH THE LEGAL PERSPECTIVE OF MARRIAGE IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 2 (September 30, 2020): 149. http://dx.doi.org/10.29300/mzn.v7i2.3396.
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The practice of unregistered marriage between Indonesian citizens and foreign nationals always raises legal problems, both the law of marriage and the legal consequences of the marriage. This article aims to provide concrete legal solutions and steps to the practice of unregistered marriage between Indonesian citizens and foreign nationals. This study used literature research with qualitative descriptive methods, through a normative legal approach. The results show that unregistered marriage is a social symptom of modern society which always occurs in the practice of today’s society. Although unregistered marriage is not specifically regulated in the practice of mixed marriages, it often occurs and must be anticipated. The solution is that there are three legal options that can be taken: first, if the person concerned is domiciled in Indonesia and intends to become an Indonesian citizen, then s/he can register the marriage with the employee who registers the marriage and performs the marriage certificate according to the provisions. Second, if the person concerned is living abroad but wants to become an Indonesian citizen, then s/he can take legal steps by registering the marriage and marriage certificate at the Indonesian Embassy. Third, if the person concerned is domiciled and wants to become a resident of a foreign country, then the person concerned must take the legal route that has been determined in that country. Thus, family law in Indonesia can be adaptive and responsive to the dynamics of social change.
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Mintarsih, Mimin, and Lukman Mahdami. "The Legal Status of Mut’ah Marriage in Indonesia." Jurnal Penelitian Hukum De Jure 21, no. 3 (September 28, 2021): 397. http://dx.doi.org/10.30641/dejure.2021.v21.397-408.
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Mut'ah marriages with contract marriages bring a dilemma to society. The society views that this is halal (lawful) and legal, but in essence it does not carry out rights and obligations. The problem of this paper is how do civil cases (of mut'ah marriage) get legal certainty so that the logic of "urgent" becomes a status that can protect the rights and dignity of married couples in Indonesia? The purpose of this paper is to analyze the status of mut'ah marriage law so that it does not become a political contribution in Indonesia. The research method used is normative juridical. The result of this research is that in relation to the basis for practice of mut'ah which is considered an emergency, it is clearly contrary to Islamic law because the real aim and purpose of marriage are permanent. Mut'ah actually destroys human civilization and ethics or implies bad faith. The harm will befall the offspring. Children who are born have no legal certainty because they are considered children born of adultery. This research concludes that mut'ah is contrary to the basic provisions of the Material Law of the Religious Courts on Marriage which strictly prohibits mut'ah marriages (Article 2 paragraph 2 of Law No. 1 Year 1974 concerning marriage), the criminal sanctions are regulated in the Draft Law on the Religious Courts of Marriage Article 39 because it is not recorded and Article 144 concerning sanctions against the perpetrator, and the marriage is null and void by law.
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Maula, Bani Syarif. "Perlindungan Perempuan dalam Hukum Perkawinan di Indonesia." Yinyang: Jurnal Studi Islam Gender dan Anak 14, no. 1 (July 23, 2019): 14–38. http://dx.doi.org/10.24090/yinyang.v14i1.2825.
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The Indonesian Constitutional Court granted part of the claim for the judicial review lawsuit on Law No. 1 of 1974 concerning Marriage for Article 7 Paragraph 1 related to the age of marriage. The article is considered discriminatory against women and is considered legalizing child marriages because the lowest age limit for women can be married is 16 years old, different from the lowest age limit for men, 19 years old. The global consensus on the need to abolish early marriage, forced marriage, and child marriage is actually made and agreed upon by UN member countries, including Indonesia. There are a number of adverse effects that can arise in child marriage, such as impacts related to health, education and economic aspects, including violations of children's rights. This paper examines the age limit of marriage in the perspective of Islamic law, which can then become state policy. Marriage is a legal act that requires the doers to meet the criteria of legal competency. Marriage also requires the responsibility of the parties to fulfill their rights and obligations, so that the aspect of maturity in marriage is a must.
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Soebandi and Benny Haryono. "Perkawinan Beda Agama Yang Dilakukan Di Luar Negeri Berdasarkan Hukum Positif Di Indonesia." Jurnal Ilmiah Raad Kertha 3, no. 1 (July 9, 2020): 69–87. http://dx.doi.org/10.47532/jirk.v3i1.169.
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Every religion has provisions governing marriage, so everyone must obeyand be asked for their respective religions. Every Indonesian citizen who marries mustgo through their respective religious institutions. Because marriages based on birthbonds can be accepted as valid, it has been agreed to fulfill in Article 2 paragraph (1) ofLaw Number 1 of 1974, how legal marriages are conducted according to the law of eachreligion and its beliefs. Therefore, marriages must be carried out according to the law ofeach religion and belief, otherwise the marriage is not valid. While all religions inIndonesia do not allow marriages to be held if the two candidates are of differentreligions. For example, for Christians interfaith marriages are not legal, because theyare carried out according to the rules of the Christian religion not in accordance withthe conditions set out in the marriage. Every religion approved in Indonesia. Expellingeveryone to do a marriage different from religion is not in accordance with Indonesianreligious and national law.
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Hadiati, Teti. "THE LAW POLITICS IN THE REFORMULATION OF INTERFAITH MARRIAGE IN INDONESIA." Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 7, no. 1 (June 19, 2020): 25. http://dx.doi.org/10.29300/mzn.v7i1.2775.
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The problems examined in this study is wast are interfaith marriages in accordance with the philosophical values of Indonesian marriage law? and why is the validity of interfaith marriages still being disputed in Indonesian marriage law? Related to the principle of continuing legal conditions and public order, the implementation of registration marriage by registration is a form of acceptance of interfaith marriages and the community has accepted the phenomenon of interfaith marriages as a natural reality and is considered to be true. This research is normative legal research and quantitative sociological legal research. The study methodology is analyzed based on the principle of public order, law smuggling, and continuation of the legal situation or rights that have been obtained. From this research, it was concluded that interfaith marriages were considered incompatible with the philosophical values of Indonesian Marriage law which were based on religious law, and could injure the long struggle history of Indonesian marriage law legislation under the principle of public order. Therefore, the registrations carried out by the civil registry office are not authoritative, but merely administrative.
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Dariyo, Agoes, Mia Hadiati, and R. Rahaditya. "Pemahaman Undang-Undang Perkawinan terhadap Penundaan Perkawinan Usia Dini di Indonesia." Journal An-Nafs: Kajian Penelitian Psikologi 5, no. 1 (June 1, 2020): 25–37. http://dx.doi.org/10.33367/psi.v5i1.928.
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Early age marriages have become widely reported through various media both print and electronic media, because early marriage is one of the causes of divorce in Indonesia. Divorce due to early marriage raises social problems in the community, such as high dropout rates for students, poverty, crime. The emergence of early marriage is caused by the low awareness of adolescents to understand Law number 1 of 1974 concerning marriage. This study discusses the understanding of law number 1 of 1974 concerning marriages which plays a role for adolescents to postpone early marriage in Indonesia. This research method uses a quantitative approach, involving 213 adolescent subjects with an age range of 17-22 years. Retrieval of data using a questionnaire that is the attitude of understanding marriage law, life satisfaction, resilience, and delaying early marriage. Analysis of research data using Spearman RHO correlation and non-linear regression. The results showed that the attitude of understanding marital law plays a role in delaying early marriage in adolescents in Indonesia.
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Masruhan, Masruhan. "Pembaruan Hukum Pencatatan Perkawinan di Indonesia Perspektif Maqasid Shari'ah." Al-Tahrir: Jurnal Pemikiran Islam 13, no. 2 (November 1, 2013): 233. http://dx.doi.org/10.21154/al-tahrir.v13i2.15.
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Abstract: The role of marriage registration (recording) is important particularly in maintaining and protecting the rights of individuals to prove the marriage implementation. Registration of marriage, therefore, is governed by various related rules or regulation. Unfortunately, the registration of marriage is only as a normative one. Meanwhile, most Muslims do not obey the law of marriages arranged by the state because the law is ambiguous, having multi interpretations and difficult to implement. In fact, there are many negative effects emerging from marriage under the hands such as not getting the marriage certificate, and husband, wife and their children not being able to perform civil legal action against the genetic father who has left them. Therefore, marriage under the hand must be prevented with preventive, curative and anticipative measures. In order to produce a law that can respond to the changing demands of time, place, conditions and welfare of the spouses, the maqa>s}id al - shari>ah approach (the purpose of the law) is eligible to apply . Therefore, the government should change the law of registration of marriages that are not relevant to the state of society so that society will feel suitable with the legal registration of the marriage.
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Bukido, Rosdalina, Edi Gunawan, Djamila Usup, and Hayat Hayat. "Negotiating Love and Faith: Interfaith Marriage in Manado, Indonesia." Wawasan: Jurnal Ilmiah Agama dan Sosial Budaya 6, no. 1 (August 20, 2021): 67–76. http://dx.doi.org/10.15575/jw.v6i1.11299.
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Interfaith marriages in people's lives have been practised in many areas in Indonesia, even if it's not legally registered. The rule of law in Indonesia does not accommodate interfaith marriages. When interfaith marriage happens, the registration system should follow marriage registration either at the KUA (office of religious affairs) for Muslims or in the Civil Registry office for other religions. This study aims to analyse the practice of interreligious marriage in Manado and how they maintain a good marital relationship between the spouse of different religions. This research employs a qualitative approach by collecting data through interviews with 30 informants who practice interfaith marriages in Manado. The results of this research found that many people in Manado consider interfaith marriage as permissible. They argue that religion is a relationship between humans and God, while marriage is related to human beings. The family of different religions based their relationship on the principle of "Torang Samua Basudara" (we are bound through kinship). Based on this principle, the family avoids using religious symbols in their communication that can cause tension and disrupt harmony among family members. The principle of torang samua basudara is the basis for establishing good communication in the family.
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Setiawan, I. Ketut Oka, Tetti Samosir, Indah Harlina, and Erna Amalia. "Permohonan Atas Pelaksanaan Perkawinan Beda Agama Di Indonesia Dalam Perspektif Hukum dan Hak Asasi Manusia di Indonesia." SALAM: Jurnal Sosial dan Budaya Syar-i 9, no. 3 (June 2, 2022): 893–908. http://dx.doi.org/10.15408/sjsbs.v9i3.26133.
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Indonesia is an archipelagic country as well as a pluralistic country in religion, ethnicity, language, and others. The state also guarantees citizens to continue their offspring through a legal marriage as regulated in Law Number 1 of 1974 concerning Marriage. In the marriage law, it is stated that the validity of marriage is based on the law of their respective religions. This means that interfaith marriages cannot be carried out as was the case before this law was introduced. The research method used is descriptive analytical with a juridical normative approach. After an academic study, it turns out that this view is wrong, because the law provides a way out by submitting an application to the local district court so that interfaith marriages can be registered as legal marriages. One example of practice, interfaith marriages carried out at the Surakarta District Court in Stipulation No. 333/Pdt.P/2019/PN.Skt.Keywords: Interfaith Marriage; Legal Perspective; Human Rights. AbstrakNegara Indonesia adalah negara kepulauan sekaligus sebagai negara pluralistik dalam agama, suku, bahasa, dan lain-lain. Negara juga menjamin warga negara untuk melanjutkan keturunan melalui perkawinan yang sah sebagaimana diatur dalam Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan. Dalam undang-undang perkawinan menyatakan bahwa sahnya perkawinan berdasarkan hukum agamanya masing-masing. Ini berarti perkawinan beda agama tidak bisa dilakukan seperti yang pernah berlaku sebelum undang-undang ini ada. Metode penelitian yang digunakan adalah deskriptif analitis dengan pendekatan normatif yuridis. Setelah dilakukan telaah akademik ternyata pandangan itu keliru, karena undang-undang memberi jalan keluar dengan cara mengajukan permohonan kepada pengadilan negeri setempat agar perkawinan beda agamanya dapat dimohonkan pencatatannya menjadi perkawinan yang sah. Salah satu contoh praktik, perkawinan beda agama yang dilakukan di Pengadilan Negeri Surakarta dalam Penetapan No.333/Pdt.P/2019/PN.Skt.Kata Kunci: Perkawinan Beda Agama; Perspektif Hukum; Hak Asasi Manusia
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Yuana, Adella, and Ilka Sandela. "Konflik Hukum Perkawinan Beda Agama di Indonesia (Studi Penetapan Hakim Nomor: 12/Pdt.P/2022/Pn Ptk)." Ius Civile: Refleksi Penegakan Hukum dan Keadilan 6, no. 2 (November 14, 2022): 291. http://dx.doi.org/10.35308/jic.v6i2.6123.
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Article 1 of Law Number 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law) which states "Marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. Almighty". Creating physical and spiritual bonds in forming a marriage must meet the terms and conditions. Fulfillment of these terms and conditions aims to ensure that a marriage is considered valid both religiously and stately. Article 2 paragraph (1) of the Marriage Law states that "Marriage is legal, if it is carried out according to the laws of each religion and belief". In particular, Article 40 letter c of the Compilation of Islamic Law prohibits interfaith marriages in Islam. In the case with the Judge's Determination Number: 12/Pdt.P/2022/PN Ptk, the request was granted by the judge to be recorded at the Population and Civil Registry Office. This incident created legal conflicts and uncertainty over the norms of interfaith marriages. The purpose of this study is to identify and analyze legal conflicts and legal certainty of interfaith marriages in Indonesia through case studies. The research method used in this research is normative juridical. The result of this research is invalid based on Article 40 letter c of the Compilation of Islamic Law. Indonesian Positive Law regulates a legal marriage if it is in accordance with Article 2 paragraph (1) of the Marriage Law. Based on religion and belief, Islam clearly prohibits interfaith marriages. The judge in this case handed down the determination based on the norms of Article 35 of Law Number 23 of 2006 concerning Population Administration which opens the opportunity for interfaith marriages to be recorded at the Population and Civil Registry Office. The occurrence of conflicting norms for interfaith marriages in Indonesia results in the uncertainty of marriage law in its regulations.
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Nugraheni, Prasasti Dyah. "THE IMPLEMENTATION OF MARRIAGE DIFFERENT RELIGION AND THEIR DUE TO THE LAW OF THE RELIGION OF MARRIAGE STATUS." Law and Justice 4, no. 2 (November 19, 2019): 68–82. http://dx.doi.org/10.23917/laj.v4i2.8015.
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Marriage is a very strong and very deep bond that functions to connect between a man and a woman in a household or a family. Informing a household or a family, the belief in the same religion requires not only confidence in the same commitment. However, in the life of the Indonesian people, there are currently many marriages that are not based on similarities in religious beliefs. The marriage is only based on genuine love between a man and a woman. These different religious marriages cause problems in the legal field such as the validity of the marriage itself according to the marriage law in force in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 the Year 1974 marriage which is called legitimate is a marriage which is carried out in accordance with the religion and beliefs of the person. Marriage with different religions also causes problems with the legitimacy of the representation. So the problem that will be explained in this journal is about the validity of a marriage that is of different religions in accordance with Law Number 1 of 1974. According to Law Number 1 of 1974 marriages of different faiths is an illegitimate marriage because they are not in accordance with religion and belief in Indonesia. Because according to Article 2 Paragraph (1) of Law Number 1 of 1974 it is stated that if a religion allows the marriage of a different religion, then the marriage is permissible. However, if a religion does not allow the marriage that is of a different religion, then the marriage is not allowed. Keywords: Interfaith marriage, Law Number 1 of 1974, and Compilation Islamic Law
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Aditya, Rizky Irfano, and L. B. Waddington. "The Legal Protection Against Child Marriage in Indonesia." BESTUUR 9, no. 2 (November 24, 2021): 126. http://dx.doi.org/10.20961/bestuur.v9i2.55144.
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<div><table cellspacing="0" cellpadding="0" align="left"><tbody><tr><td align="left" valign="top"><p class="AbstractText">Every child is a human being who possesses the right to justice, freedom, and opportunity to develop regardless of nationality, race, religion, or skin complexion. These rights of children are guaranteed by the United Nations Universal Declaration of Human Rights. However, its reality indicates otherwise, as children are often the victims of exploitation. One of the worst such kinds of child exploitation is child marriage. This study aims to analyze the legal protection against child marriage in Indonesia. This research is conducted through the normative analysis of various written sources. This study concludes that the Indonesian Child's Act even has a provision that stipulates the obligation of parents to prevent early marriages. However, that the law is somewhat effective in Indonesia. Unfortunately, the fatal flaw is the low-threshold provision that enables parents to request dispensation for early marriage. This shatters all the efforts to eliminate child marriage. Thus far, the Indonesian Government also has shown its reluctance to ever amend discriminatory provisions in the Indonesian Marriage Act related to the practice of child marriage despite numerous recommendations from the Convention on the Elimination of Discrimination against Women.</p></td></tr></tbody></table></div>
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Dameria, Djessyka, Kadek Wiwik Indrayanti, I. Gusti Ngurah Adnyana, and Fadilla Dwi Lailawaty. "Perlindungan Hukum Terhadap Perkawinan Warga Negara Kelompok Penghayat Kepercayaan Dengan Agama Tertentu Di Indonesia." Bhirawa Law Journal 2, no. 2 (November 29, 2021): 87–95. http://dx.doi.org/10.26905/blj.v2i2.6827.
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The validity of marriage is the most important thing in the occurrence of marriage, where the validity of marriage is regulated in Article 2 of the Law of the Republic of Indonesia Number 19 of 2019 concerning amendments to Law Number 1 of 1974 concerning marriage, there is no explicit regulation (legal vacuum) regarding marriage. that occurs between citizens of certain beliefs and religions in Indonesia so that the validity of the marriage cannot be registered, therefore legal protection is needed for couples who carry out marriages between adherents of beliefs and certain religions in Indonesia to obtain the same rights as citizens
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Utami, Defanti Putri, and Finza Khasif Ghifarani. "PERKAWINAN CAMPURAN DI INDONESIA DITINJAU DARI HUKUM ISLAM DAN HUKUM POSITIF." MASADIR: Jurnal Hukum Islam 1, no. 2 (October 23, 2021): 156–75. http://dx.doi.org/10.33754/masadir.v1i2.372.
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Abstract: Marriage is an inner and outer bond between a man and a woman in forming a sakinah mawaddah warahmah family. In the study of Islamic law studies in Indonesia, there is a discussion about mixed marriages. In the classical fiqh understanding, when faced with the term mixed marriage, the paradigm that emerges is interfaith marriage. Along with the development of the times and technology at this time, mixed marriages are not only limited to religious differences, further than that there are also mixed marriages due to differences in citizenship. Furthermore, this paper will discuss further about mixed marriages in Indonesia from the perspective of Islamic law and positive law with all the problems that arise as a result of mixed marriages. Key word: Mixed Marriages, religious differences, differences in citizenship
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Jatmiko, Bayu Dwi Widdy, Nur Putri Hidayah, and Samira Echaib. "Legal Status of Interfaith Marriage in Indonesia and Its Implications for Registration." Journal of Human Rights, Culture and Legal System 2, no. 3 (November 17, 2022): 167–77. http://dx.doi.org/10.53955/jhcls.v2i3.43.
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Indonesia's marriage law prohibits interfaith unions. However, this provision has not yet taken effect. This study aims to find out how the legal status of marriage is different religions and how the recording provisions are valid in the eyes of the law. This research uses normative legal research methods, with a regulatory approach and data presentation in the form of descriptive analysis. The results of the research show that, first, regarding legal status, interfaith marriage is invalid in the eyes of the law, because it is contrary to the provisions of Law on marriage. However, based on the Supreme Court's decision couples of different faiths can request a court determination, henceforth to continue to carry out the marriage according to the beliefs held by each bride and groom. Second, regarding the registration of marriages for interfaith marriages, the bride and groom record them with the civil registry office and will be recorded as non-Islamic marriages.
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Aminah, Wiwin Siti, Roby Awaludin, and Irfan Hilmi. "Hukum Pernikahan Beda Agama menurut Ulama Indonesia." Istinbath | Jurnal Penelitian Hukum Islam 15, no. 1 (February 27, 2019): 85. http://dx.doi.org/10.36667/istinbath.v15i1.275.
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Marriage is one of the Sunnatullah which generally applies to all creatures of God, both in humans, animals, and plants. By doing a marriage someone will be protected from the temptations of Satan, both temptations from eyesight and genitals or lust. As the Messenger of Allah has ordered us to marry the person we like by giving them several considerations including his property, his beauty, his offspring, and especially in considering his religious problems. In the modern era, there are now many interfaith marriage practices, especially in Indonesia. With such problems, it is necessary to take legal conclusions relating to interfaith marriages.
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Kusmayanti, Hazar, and Dede Mulyanto. "PROBLEMATICS CULTURE OF CHILD MARRIAGE IN INDRAMAYU IN A LEGAL AND CULTURAL PRESFECTIVE." Jurnal Pembaharuan Hukum 7, no. 2 (August 20, 2020): 116. http://dx.doi.org/10.26532/jph.v7i2.9297.
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The problem of marriage is a very common problem for the world community, especially the people of Indonesia, one of the problems is child marriage. the highest likelihood of child marriage is in Indramayu Regency. The purpose of this study is to analyze the practice of child marriage that occurs in Indramayu, the reasons for child marriage. The method of the approach taken by the author is to use a normative juridical approach. Based on the research findings there are obstacles that cause child marriage culture in Indramayu as follows: There are religious views that allow underage marriages, There are differences in legal perspectives between traditional and contemporary fiqh, aspects of tradition and culture in the local area Modern communication technologies such as mobile phones encourage young marriages. The implication of this research is to socialize Law Number 16 the Year 2019 regarding marriages regarding the marriage age limit up to 18 years for men and women as well as government cooperation with community leaders, religious leaders and the Indonesian Women's Coalition to eradicate child marriage in various regions.
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Garfes, Harry Pribadi. "Law Enforcement of Unregistered Marriage Practices in Indonesia Lawrence Meir Friedman’s Legal Effective Perspective." Jurnal Ilmiah Kebijakan Hukum 16, no. 3 (November 30, 2022): 515. http://dx.doi.org/10.30641/kebijakan.2022.v16.515-538.
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Unregistered marriage is an endless problem with non-optimal law enforcement. Meanwhile, the massive impact of unregistered marriage is dangerous and this practice is not committed by one or two people but involves many parties. This research aims to describe parties involved in unregistered marriages and their respective roles. In addition, it provides information regarding unregistered marriage regulations and sanctions and determines law enforcement for the parties involved. This normative research used case approach and statutory approach. The data collection technique is documentation and the analysis technique is deductive and inductive. The results of this study found several parties involved in unregistered marriages. These parties are: first, main actors such as illegal rulers, husbands, and wives or marriage guardians. Second, parties who participate, such as marriage witnesses, brokers, and jockeys. Unregistered marriages are regulated in chapter 1 paragraph (2), chapter 3 paragraphs (1 and 2) of Law no. 32/1954 concerning the enactment of Law no. 22 of 1946 concerning registration of marriages, divorces, and reconciliation in all regions outside Java and Madura, the sanctions are contained in chapter 4 and chapter 45 paragraph (1) letter (a) PP No. 9/1975 concerning the Implementation of Law no. 1/1974 on marriage. Law enforcement against the perpetrators of unregistered marriages has not been optimal.
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Setiawan, Dani. "Inter-Religious Marriage: A Controversial Issue in Indonesia." Contemporary Issues on Interfaith Law and Society 1, no. 1 (January 31, 2022): 23–38. http://dx.doi.org/10.15294/ciils.v1i1.56711.
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Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.
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Anand, Ghansham, Xavier Nugraha, Dita Elvia Kusuma Putri, and Angelina Regita Nathalia. "Forced Marriage as an Unlawful Act in Indonesia: A Comparative Analysis." Lambung Mangkurat Law Journal 7, no. 2 (September 24, 2022): 159–74. http://dx.doi.org/10.32801/lamlaj.v7i2.353.
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Marriage is an inner and outer bond between a man and a woman as husband and wife to form happy and eternal family-based God Almighty, therefore, in implementation of marriage must be approved by both parties who carry out the marriage, without any coercion from any party. However, in practice, some marriages are carried out not because the free will of the parties, but of pressure or influence from a third party, unlawfully, coercing, placing someone under his control or another person, or abusing his power to do or allow it to be done with him or with another person, which is called forced marriage. Against forced marriages, in Indonesia, there are civil and criminal legal remedies, specifically in the case of forced marriages. Meanwhile, various legal remedies exist for forced marriages in other countries, such as Australia and United Kingdom. Herefore, it is necessary to make legal comparison to obtain comprehensive perspective, both the regulation, as well the practice the regulation, so that the proper legal framework will be obtained terms of providing legal remedies in the case of forced marriages in Indonesia. Based on this background, the formulation of the problem in this article: 1) legal remedies against forced marriages in Indonesia and 2) legal remedies that can be taken in the case of forced marriages in other countries. The research method in this article is legal research with statute approach, conceptual approach, comparative approach, and case approach. The results of the article: 1) analyze legal remedies forced marriage in Indonesia, 2) describe comparative laws from Australia and UK regarding the handling of forced marriages so that the proper legal framework will be obtained in terms of providing legal remedies for forced marriages in Indonesia.
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Judiasih, Sonny Dewi, Nazmina Asrimayasha Nugraha, and Luh Putu Sudini. "Prohibition of Intera Religion Marriage in Indonesia." Jurnal Dinamika Hukum 19, no. 1 (January 8, 2019): 186. http://dx.doi.org/10.20884/1.jdh.2019.19.1.2462.
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As a country with Pancasila as the philosophy, the first pillar is believing in God the One, therefore marriage is closely related to the issue of religion. Law number 1 in 1974 on Marriage stated that a marriage should be done by two people with the same religion and beliefs. Inter-religion marriage between Indonesian citizens in foreign states violate the regulations found in article 2 paragraph (1) and article 56 paragraph (1) of Law number 1 in 1974 on Marriage. The problems analyzed in this paper are: first, the legal status of inter-religion marriage in law system of Indonesia; and second, inter-religion marriage performed by Indonesian citizens in foreign countries. The research of this paper shown that Indonesia prohibits inter-religion marriage since it violates the principle of “the belief in the one and only God,” which expects marriage to be performed only by a couple who share the same religious belief.Keywords: Indonesia, Inter-religion Marriage, Legitimate Marriage, Marriage Law, Religion
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Nandapratiwi, Zalma Afika, Anjar Sri Ciptorukmi Nugraheni, and Andina Elok Puri Maharani. "A Juridical Analysis of Abroad Interfaith Marriage’s Position in Indonesia’s Law." Interdisciplinary Social Studies 1, no. 10 (July 1, 2022): 1242–49. http://dx.doi.org/10.55324/iss.v1i10.230.
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The implementation of the registration of interfaith marriages abroad and the Population and Civil Registry Service in Indonesia currently does not exist. However, the Population and Civil Registry Office in Indonesia continues to carry out the registration of interfaith marriages held abroad by carrying out the registration of marriages of different religions through an application to the local District Court for marriage permits for prospective husbands and future wives. The purpose of this study is to determine the position of marriages of interfaith couples held abroad in the legal system in Indonesia and the implementation of registration of interfaith marriages held abroad and at the Population and Civil Registry Office in Indonesia. The study used Normative Juridical research methods. This method was used for research on issues related to the abroad interfaith marriage’s posistion in Indonesia’s law. The materials used as research objects of this approach method use primary, secondary, and tertiary legal materials. The Population and Civil Registry Service in Indonesia continues to carry out the registration of interfaith marriages held abroad by carrying out the registration of marriages of different religions through an application to the local District Court for marriage permits for prospective husbands and future wives with the consequences of various administrative requirements that must be submitted before the District Court grants in accordance with Law Number 23 of 2006 concerning Administration Residency must be registered with the competent authority in the local country and reported to the republic of Indonesia.
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Amir, Rahma. "Perkawinan Beda Agama di Indonesia Perspektif Hukum Islam." Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam 6, no. 1 (June 30, 2019): 99. http://dx.doi.org/10.24252/al-qadau.v6i1.9482.
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Indonesia merupakan Negara yang kaya akan kebudayaan dengan jumlah penduduk yang besar menjadikan Indonesia memiliki masyarakat dengan suku, golongan, ras, budaya, adat istiadat, agama yang beraneka ragam. Hal tersebut disebabkan beberapa faktor yang di antaranya adalah keadaan sosio-antropologis, geografis dan teritorial Indonesia yang letaknya di antara samudera Hindia dan samudera Pasifik yang sangat potensial berkembangnya pluralitas budaya dan agama dalam masyarakat Indonesia. Akibat perkembangan pluralitas tersebut kemudian memunculkan perkawinan yang variatif yaitu salah satunya bentuk perkawinan beda agama. Pada umumnya, perkawinan dianggap sesuatu hal yang suci dan karenanya setiap agama selalu menghubungkan kaidah-kaidah perkawinan dengan ajaran agama. Sesungguhnya Islam, tidak melarang perkawinan antara muslim dengan wanita ahl kitab (Yahudi dan Nasrani), dengan keharusan memenuhi beberapa ketentuan. Sebagai Negara demokrasi, perkawinan beda agama diatur dalam beberapa peraturan yang termaktub dalam UU RI No 1 Tahun 1974 tentang Perkawinan dan peraturan-peraturan lainnya.Indonesia is a country that is rich in culture with a large population making Indonesia has a diverse population, ethnicity, race, culture, customs, religion. This is due to several factors including the socio-anthropological, geographical and territorial conditions of Indonesia which are located between the Indian Ocean and the Pacific Ocean which has the potential to develop cultural and religious plurality in Indonesian society. As a result of the development of plurality, then a variety of marriages emerged, one of which was the form of interfaith marriage. In general, marriage is considered to be something sacred and therefore every religion always connects the rules of marriage with religious teachings. Indeed, Islam does not prohibit marriage between Muslims and ahl Kitab women (Jews and Christians), with the obligation to fulfill several provisions. As a democratic country, interfaith marriages are regulated in a number of regulations embodied in RI Law No. 1 of 1974 concerning Marriage and other regulations.
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Siahaan, Hotman. "PERKAWINAN ANTAR NEGARA DI INDONESIA BERDASARKAN HUKUM PERDATA INTERNASIONAL." Solusi 17, no. 2 (May 1, 2019): 140–53. http://dx.doi.org/10.36546/solusi.v17i2.174.
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Marriage is a legal event when the marriage is a legal marriage. The development of science and technology that so rapidly bring the influence on the easier possibility of relations between human beings, between ethnic groups, and between countries in all aspects of life. One of the effects is mixed marriage phenomenon between spouses of different citizenship, including on Indonesian workers with foreign workers. Different nationalities marriage often raises a problem, especially related to the process of marriage registration that will take place, whether in the country of origin of a prospective husband or in the country of origin of a prospective wife. The procedure of mixed nationality marriage according to international civil law explains that marriage rules to different citizen pairs will use either law of the prospective husband’s State or law of the prospective wife’s State. The problems that arise in a mixed nationality marriage procedure are in the process of preparing a certificate from the marriage officer and at the preparing of the letter or other documents. Completion of the problems that arise in mixed marriages procedures that have prepared government is to provide clear information and website to couples who want to get married. For those who do not comply the rules will be imposed a sanction.
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Sulchan, Achmad, and Nurmalia IW. "JURIDICAL REVIEW OF RIGHT OF ACCESS TO LAND FOR INDONESIAN WOMEN CITIZEN WHO ARE BOUND BY MIXED MARRIAGE LAW (CASE STUDY DECISION OF THE CONSTITUTIONAL COURT NUMBER: 69 / PUU XIII / 2015)." Jurnal Pembaharuan Hukum 4, no. 2 (August 15, 2017): 222. http://dx.doi.org/10.26532/jph.v4i2.1738.
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ABSTRACTMixed marriages are marriages involving a race between nations, therefore, marriage is also subject to the principles applicable in the Indonesian Law and International Law. Mixed marriage has penetrated the whole of Indonesia . Notary role in making the deeds relating to pernjanjian marriage, inheritance etc.Dealing with the issue of marriage between men and women WNA WNA especially about women's access rights to land for the citizen and problems. Therefore, the authors take the title on the Juridical Review of the Acquisition of Land Rights for Women Bound citizen Mixed Marriage (Case Study No. Constitutional Court.69 / PUU XIII / 2015). The contents of the Constitutional Court about: Testing Law No. 5 of 1960 on the Basic Regulation and the Basic Agrarian Law No. 1 of 1974 on Marriage of the Constitution of the Republic of Indonesia th 1945.Dalam decision mentions the Applicant, Ny. Ike Farida an Indonesian citizen. Applicant is a woman who is married to a Japanese national men by a valid marriage and are registered in the District Office of Religious Affairs Makasar East Jakarta Municipality No. 3948 / VII / 1995, the Civil Registry Office Prop. DKI Jakarta as defined in the Marriage Reports Receipt No. 36 / KHS / AI / 1849/1995/1999 dated May 24, 1999. Related to marriage, the applicant does not have marital separation agreement treasures, never abandoned his Indonesian citizenship and disenfranchised here at home. Applicant want to buy Flats in Jakarta, after the keel, towers not being handed over, and even then the purchase agreement terminated unilaterally by the developer. Then formulated the problems are: 1) What is the procedure of acquiring land rights for women citizens who are bound intermarriage? 2). Constraints and solutions that arise in obtaining the Women's Land Rights for citizens who are bound Mixed Marriage (Case Study No. Constitutional Court.69 / PUU XII / 2015)? As this study is sociological or empirical, in which the authors conducted a study which examined at first was secondary data, then resumed research on primary data in the field, or to society, an interview with the National Land Agency, notary, and two female citizens who marry foreigners. And examine the rules relating to mixed marriages, prevailing in Indonesia. The results showed the conclusion that the Notary has an important role in helping clients about: procedures for securing land rights for the citizen who is married to foreigners, namely the reduction in the rights, for example, from Properties menjaiHakPakai, the reduction in the rights of land owners. Constraints faced is the problem of domicile for male foreigners who are married to the citizen, and a couple of mixed marriages between Indonesian citizens and foreigners do not make a marriage agreement during their marriage. The solution is that if the land area can be divided into 2: 1/2; 1/2 for the wife, the land was downgraded to a Right of Use by registering at BPN, and made a covenant marriage.
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Martian Permana, Indra. "Jihad Marriage for ISIS Women in Indonesia." Islam Universalia: International Journal of Islamic Studies and Social Sciences 1, no. 2 (September 29, 2019): 213–29. http://dx.doi.org/10.56613/islam-universalia.v1i2.125.
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Terrorism in Islam is a legacy of the khawarij ideology that disbelieved and fought with Ali bi Abi Talib RA and the Muslims at that time. Khawarij's ideology then became a terrorism movement in various countries including Indonesia. In 2014, ISIS declared in Syria brought the concept of khawarij with the thought of ghuluw fii takfir which disbelieved anyone who did not support and join the struggle of ISIS. The social impact of ISIS in Indonesia on divorce and marriage caused by ISIS women has the idea of ghuluw fii takfir then disbelieves and divorces her husband who does not join ISIS and then remarries ISIS supporters. Marriage conducted by ISIS women is deformed by Shari'a because it does not involve a marriage guardian. Marriage in Islam is a sacred and holy matter. Islam regulates the rules of marriage so that the function of Maqosid Asy Sharia, namely the maintenance of offspring can be maintained, while for cases of marriage and divorce involving ISIS, there are many things that Islamic rules violate the provisions of the Shari'a. The research method was taken by studying literature and then interviewing various sources. ISIS marriages and divorce studies become studies related to Sharia irregularities in divorce and marriage issues for ISIS women in Indonesia.
DOI: https://doi.org/10.5281/zenodo.3467631
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Ade Witoko, Prasetyo, and Ambar Budhisulistyawati. "PENYELUNDUPAN HUKUM PERKAWINAN BEDA AGAMA DI INDONESIA." Jurnal Hukum dan Pembangunan Ekonomi 7, no. 2 (August 2, 2019): 251. http://dx.doi.org/10.20961/hpe.v7i2.43015.
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<p>Abstract <br />This article aims to find out about interfaith marriage arrangements carried out through legal smuggling in Indonesia. This study is a descriptive doctrinal legal research. Data sources from this article are in the form of primary legal material and secondary legal material. The technique of collecting legal material in this article is the library study technique. The approach in this research is the legislative approach. The result of the article is that marriage according to the Marriage Law is a marriage carried out according to each religion and belief. So that marriage is considered valid if according to the religion and beliefs of each prospective husband and wife is also valid. Every religion cannot authorize interfaith marriages, because all religions want their followers to marry the same religion, it can be concluded that interfaith marriages are not legal, because they are not in accordance with the contents of the Marriage Law, namely marriage is valid if carried out according to each religion -one, then avoidance of the law that should apply or can be said to be an act of legal smuggling.<br />Keywords: Marriage; Different Religion Marriage; Law Smuggling</p><p>Abstrak<br />Artikel ini bertujuan untuk mengetahui mengenai pengaturan perkawinan beda agama yang dilakukan melalui penyelundupan hukum di Indonesia. Penelitian ini adalah penelitian hukum doktrinal bersifat deskriptif. Sumber data dari artikel ini yaitu berupa bahan hukum primer dan bahan hukum sekunder. Tehnik pengumpulan bahan hukum dalam artikel ini adalah tehnik studi kepustakaan. Pendekatan dalam penilitian ini adalah pendekatan perundang-undangan. Hasil artikel yaitu perkawinan menurut Undang-Undang Perkawinan adalah perkawinan yang dilaksanakan menurut agama dan kepercayaan masing-masing. Sehingga perkawinan dianggap sah jika menurut agama dan kepercayaan masing-masing calon suami istri tersebut juga sah. Setiap agama tidak bisa mengesahkan perkawinan beda agama, karena semua agama menginginkan umatnya untuk menikah dengan yang seagama, maka dapat disimpulkan bahwa perkawinan beda agama tidak sah, karena tidak sesuai dengan isi Undang-Undang Perkawinan yaitu perkawinan adalah sah apabila dilaksanakan menurut agama dan kepercayaan masing-masing, maka dilakukan penghindaran terhadap hukum yang seharusnya berlaku atau dapat dikatakan sebagai tindakan penyelundupan hukum.<br />Kata Kunci : Perkawinan; Perkawinan Beda Agama; Penyelundupan Hukum</p>
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Hutama Hutabarat, Dany Try, Komis Simanjuntak, and Syahrunsyah Syarunsyah. "Pengelabuan Hukum Perkawinan Atas Perkawinan Beda Agama." Jurnal Ius Constituendum 7, no. 2 (October 26, 2022): 322. http://dx.doi.org/10.26623/jic.v7i2.5383.
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<p> </p><p><em>The research objectives to be achieved in this study are to find out, analyze and find solutions in overcoming legal fraud. Interfaith couples prefer to marry in Indonesia. Considering that it is more cost-effective and their desire to get married can be carried out and implemented in Indonesia. On the other hand, there is no legal protection to provide guarantees for the implementation of interfaith marriages in Indonesia. So some couples commit a fraudulent marriage law by ignoring the requirements in the national marriage law. The research method in this research is a normative research method by examining every applicable marriage law rule and legal theories that will answer and provide a solution in providing a discourse on understanding law and marriage and its relationship with the concept of divinity. Based on the data above, the results of the analysis find that interfaith married couples abroad have cheated Indonesian marriage law on interfaith marriages that occur abroad. After holding an interfaith marriage abroad, the artist couple returns to Indonesia and registers the interfaith marriage at the Population and Civil Registry Office. However, considering that their marriages are of different religions, the Population and Civil Registry Service does not immediately register interfaith marriages. According to the population administration, a valid marriage according to the legislation must be reported by the resident to the implementing agency at the place where the marriage took place no later than 60 (sixty) days from the date of the marriage.</em></p><p>Tujuan penelitian yang akan dicapai pada penelitian ini yaitu untuk mengetahui, menganalisis dan mencari solusi dalam mengatasi pengelabuan hukum perkawinan pasangan beda agama lebih memilih melangsungkan perkawinan di Indonesia. Mengingat lebih irit biaya dan keinginan mereka untuk menikah dapat terlaksana dan terimplementasikan di Indonesia. Di sisi lain bahwa tidak ada perlindungan hukum untuk memberikan jaminan untuk terlaksananya perkawinan beda agama di Indonesia. Beberapa pasangan melakukan suatu pengelabuan hukum perkawinan dengan mengabaikan bagian syarat dalam hukum perkawinan nasional. Metode penelitian dalam suatu suatu penelitian ini digunakan suatu metode penelitian normatif dengan mengkaji setiap aturan hukum perkawinan yang berlaku serta teori-teori hukum yang akan menjawab serta memberikan suatu solusi dalam memberikan wacana pemahaman hukum serta perkawinan dan hubungannya dengan konsep ketuhanan. Berdasarkan data diatas maka hasil analisis menemukan bahwa pasangan menikah beda agama di luar negeri telah melakukan pengelabuan hukum perkawinan Indonesia atas perkawinan beda agama yang terjadi diluar negeri. Setelah melangsungkan perkawinan beda agama diluar negeri pasangan artis kembali ke Indonesia dan mencatatkan perkawinan beda agama tersebut pada kantor Dinas Kependudukan dan Catatan Sipil. Namun mengingat perkawinan mereka berbeda agama, Dinas Kependudukan dan Catatan Sipil tidak langsung serta merta mencatatkan perkawinan beda agama. Menurut administrasi kependudukan perkawinan yang sah menurut peraturan perundangundangan wajib dilaporkan oleh penduduk kepada instansi pelaksana di tempat terjadinya perkawinan paling lambat 60 (enam puluh) hari sejak tanggal perkawinan.</p><p> </p><p><strong><em> </em></strong></p>
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Insarullah, Insarullah, Rahmia Rachman, and Erlan Ardiansyah. "Perspektif Hukum Perdata Internasional terhadap Perkawinan Beda Agama Bagi Warga Negara Indonesia." Wajah Hukum 6, no. 2 (October 14, 2022): 269. http://dx.doi.org/10.33087/wjh.v6i2.932.
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The goal of this study is to determine how international private law perceives the legality of interfaith marriages performed by citizens outside of Indonesia in compliance with the Law of Marriage as well as the execution of such marriages. This study employs the normative research methodology, specifically: Academic articles and books with a legal theme, and other sources pertaining to interfaith marriage are used in library research together with primary legal documents such as laws and regulations. Tertiary legal materials are obtained through the internet. The gathered legal materials were then qualitatively examined and given in the form of descriptive and explanatory information. The study's findings demonstrated that because there is a foreign component, interfaith marriage performed by citizens outside of Indonesia is regarded as a part of international private law, specifically because of the domicile, but not in absolute terms because if it violates public order, then foreign elements can be ruled out and it is also regarded as smuggling law because there is the element of intent since it seeks to circumvent the national law, which is then normatively declared invalid and null and void because Indonesian marriage law is based on religious law.
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Kasiati, Kasiati, and Dina Isfentiani. "FACTORS ENCOURAGING EARLY MARRIAGE AMONG ADOLESCENT GIRLS IN EAST JAVA OF INDONESIA." SEAJOM: The Southeast Asia Journal of Midwifery 6, no. 1 (June 9, 2020): 1–6. http://dx.doi.org/10.36749/seajom.v6i1.89.
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ABSTRACT
Early marriages occur in Indonesia and this still contributes to maternal and childmortality. Therefore, research is needed to find out the reasons why the incidenceof early marriage can occur. This research was conducted in four sub-districts inSurabaya, East Java, Indonesia, by taking respondents based on the technique ofsnowball sampling. After the interview, several factors had apparently contributedto this early marriage, among others, culture, economic level, level of education,and level of knowledge on marriage. This of course requires a program to increasethe age of first marriage by a woman called maturing marriage age. It is hoped thatthe contributing factors to early marriage will not be repeated in the future whenthe perpetrators of the early marriage are given an explanation of the importanceof delaying the age of marriage to adulthood.