Name : ULIL ABSOR NIM : 1902056114 PRODI : ILMU HUKUM C3 Review State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java Konsep

 Review State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java Konsep

The word "policy" is etymologically derived from the English word "policy" or the 

Dutch word "politiek". In terminology, policy means a set of concepts or principles that are 

the basis for doing a job, leadership and how to behave.1 So, the expression of legal policy is 

synonymous with political law. Mahfudh further said that political law is also a legal policy 

or legal direction needed by the state to enforce it in order to achieve its objectives by making 

the new law or replacing the old one. 2 Thus, legal policy is a complete system of performance 

that involves the understanding and knowledge of law enforcers to operate and enforce its 

provisions taking into account the sense of justice and benefits to society.3

Actually everyone has the same rights when Indonesian citizens choose a life partner. 

Even if it's a couple with a different religion or someone who doesn't have a religion. If we 

refer to the 5th pillar of Pancasila, article 28b of the 1945 Constitution, and Law no. 39 of 

1999 concerning Human Rights article 10 paragraph (1). But in reality marriage in Indonesia 

only limits marriage to only 6 legal religions. Meanwhile, according to Law no. 39 of 1999 

concerning Human Rights article 10 paragraph (1) which writes "Everyone has the right to 

build a family and continue their life of their descendants through legal marriage and free will. 

As Mahfud Md put it" contradictory because the state gives freedom and rights to everyone. 

citizens to raise families and continue their offspring while on the other hand, this permission 

is limited by the provisions of the law of marriage "

Regarding freedom of religion, Carillo de Albornoz, as Koshy, mentioned that religious 

freedom or freedom of religion has four main aspects, namely freedom of conscience, freedom 

of religious expression, freedom of association, and freedom of religious institutionalization. 4

So, it can be concluded that each citizen has the right to marry because it is a civil right that 

should be owned by the state.

Marriage in Indonesia, prior to the birth of the Marriage Law No.1 of 1974, was 

regulated in several laws, namely religious law, customary law and Western law. However, 

after that there was no explicit law regulating interfaith marriage.

It's just that the Marriage Law Number 1 of 1974 has a different scope from Staatsblad 

1898 No. 158. Article 64 of the Marriage Law states that "what is meant by mixed marriage 

in the Marriage Law Number 1 of 1974 is a marriage between two people in Indonesia who are 

subject to different laws because of different nationalities in which one of the parties has 

Indonesian citizenship".5

Therefore, it is obvius that interfaith marriage regulations are separated from the 

normative validity of the Marriage Law with administrative regulations in Law No. 23 of 2006 

concerning demographic administration and this makes inter-religious marriages often referred 

to as civil marriages.

Regarding the policy of interfaith marriage, the policy has not yet reached the level of 

normative justice and procedural justice. It can be seen how the normative understanding of 

interfaith marriage has not been integrated and balanced with other provisions, especially 

Article 2 paragraph (1), Article 21 and Article 66 of the Marriage Law Number 1 of 1974. 

Likewise, there were found no attempts to correlate the issue of interfaith marriage with the 

context of freedom of religion as stated in the Article 29 of the 1945 Constitution. It seems 

that policy makers have failed to recognize the relevance of several related provisions. In the 

process of implementing the interfaith marriage policy, this normative and narrow perspective 

greatly influences the implementation of the interfaith marriage policy.

citizens to raise families and continue their offspring while on the other hand, this permission 

is limited by the provisions of the law of marriage "

Regarding freedom of religion, Carillo de Albornoz, as Koshy, mentioned that religious 

freedom or freedom of religion has four main aspects, namely freedom of conscience, freedom 

of religious expression, freedom of association, and freedom of religious institutionalization. 4

So, it can be concluded that each citizen has the right to marry because it is a civil right that 

should be owned by the state.

Marriage in Indonesia, prior to the birth of the Marriage Law No.1 of 1974, was 

regulated in several laws, namely religious law, customary law and Western law. However, 

after that there was no explicit law regulating interfaith marriage.

It's just that the Marriage Law Number 1 of 1974 has a different scope from Staatsblad 

1898 No. 158. Article 64 of the Marriage Law states that "what is meant by mixed marriage 

in the Marriage Law Number 1 of 1974 is a marriage between two people in Indonesia who are 

subject to different laws because of different nationalities in which one of the parties has 

Indonesian citizenship".5

Therefore, it is obvius that interfaith marriage regulations are separated from the 

normative validity of the Marriage Law with administrative regulations in Law No. 23 of 2006 

concerning demographic administration and this makes inter-religious marriages often referred 

to as civil marriages.

Regarding the policy of interfaith marriage, the policy has not yet reached the level of 

normative justice and procedural justice. It can be seen how the normative understanding of 

interfaith marriage has not been integrated and balanced with other provisions, especially 

Article 2 paragraph (1), Article 21 and Article 66 of the Marriage Law Number 1 of 1974. 

Likewise, there were found no attempts to correlate the issue of interfaith marriage with the 

context of freedom of religion as stated in the Article 29 of the 1945 Constitution. It seems 

that policy makers have failed to recognize the relevance of several related provisions. In the 

process of implementing the interfaith marriage policy, this normative and narrow perspective 

greatly influences the implementation of the interfaith marriage policy.

REVIEW HPII ULIL ABSOR 1902056114

REVIEW JURNAL Name : ULIL ABSOR NIM : 1902056114 PRODI : ILMU HUKUM C3 Review State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java Konsep The word "policy" is etymologically derived from the English word "policy" or the Dutch word "politiek". In terminology, policy means a set of concepts or principles that are the basis for doing a job, leadership and how to behave. So, the expression of legal policy is synonymous with political law. Mahfudh further said that political law is also a legal policy or legal direction needed by the state to enforce it in order to achieve its objectives by making the new law or replacing the old one. Thus, legal policy is a complete system of performance that involves the understanding and knowledge of law enforcers to operate and enforce its provisions taking into account the sense of justice and benefits to society. Actually everyone has the same rights when Indonesian citizens choose a life partner. Even if it's a couple with a different religion or someone who doesn't have a religion. If we refer to the 5th pillar of Pancasila, article 28b of the 1945 Constitution, and Law no. 39 of 1999 concerning Human Rights article 10 paragraph (1). But in reality marriage in Indonesia only limits marriage to only 6 legal religions. Meanwhile, according to Law no. 39 of 1999 concerning Human Rights article 10 paragraph (1) which writes "Everyone has the right to build a family and continue their life of their descendants through legal marriage and free will. As Mahfud Md put it" contradictory because the state gives freedom and rights to everyone. citizens to raise families and continue their offspring while on the other hand, this permission is limited by the provisions of the law of marriage " Regarding freedom of religion, Carillo de Albornoz, as Koshy, mentioned that religious freedom or freedom of religion has four main aspects, namely freedom of conscience, freedom of religious expression, freedom of association, and freedom of religious institutionalization. So, it can be concluded that each citizen has the right to marry because it is a civil right that should be owned by the state. Marriage in Indonesia, prior to the birth of the Marriage Law No.1 of 1974, was regulated in several laws, namely religious law, customary law and Western law. However, after that there was no explicit law regulating interfaith marriage. It's just that the Marriage Law Number 1 of 1974 has a different scope from Staatsblad 1898 No. 158. Article 64 of the Marriage Law states that "what is meant by mixed marriage in the Marriage Law Number 1 of 1974 is a marriage between two people in Indonesia who are subject to different laws because of different nationalities in which one of the parties has Indonesian citizenship". Therefore, it is obvius that interfaith marriage regulations are separated from the normative validity of the Marriage Law with administrative regulations in Law No. 23 of 2006 concerning demographic administration and this makes inter-religious marriages often referred to as civil marriages. Regarding the policy of interfaith marriage, the policy has not yet reached the level of normative justice and procedural justice. It can be seen how the normative understanding of interfaith marriage has not been integrated and balanced with other provisions, especially Article 2 paragraph (1), Article 21 and Article 66 of the Marriage Law Number 1 of 1974. Likewise, there were found no attempts to correlate the issue of interfaith marriage with the context of freedom of religion as stated in the Article 29 of the 1945 Constitution. It seems that policy makers have failed to recognize the relevance of several related provisions. In the process of implementing the interfaith marriage policy, this normative and narrow perspective greatly influences the implementation of the interfaith marriage policy.

 

Nama            : Naufalun Najib Haulana Haqiqi

NIM                1902016134

Kelas             : HKI D3

Makul           : Hukum Perdata Islam Indonesia

Tugas Review Jurnal “State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java”

Concept of Legal Policy and Legal Justice

Foucault also explains that the legal and judicial systems are areas that are definitely associated with domination and power through conquest. According to him, law should not be demonstrated with established legitimacy, when in fact it is always a process of conquest.

However Rawls said that a just law must be based on justice and a sense of justice for the public, while obeying the law determines the extent to which laws, institutions and policies are fair. Not only normative, justice is also at the procedural level of justice.

Civil Society Rights

Human rights in society and nation therefore include: freedom of religion, from education and teaching, thought both orally and in writing, owning a house or place of residence, association and association, rights to protection and legal equality, equality of constitutional rights, protection of self and property. objects, individual freedoms that the state cannot exercise. fight over it, and the right to have an equal position in government. According to him, both the majority and the minority have the same rights and obligations as citizens and there should be no groups that are liked and discriminated against. In conclusion, it seems that the right to marry is fundamental for citizens because it is part of the civil rights that should be guaranteed by the state.

Regulation of Marriage between Religions in Indonesia

Marriage in Indonesia before the birth of the Marriage Law Number 1 of 1974 is regulated in several laws, namely religious law, customary law and Western law. During the reign of the Netherlands, marriages were arranged in several rules according to the following groupings. First, Europeans follow the Civil Code (Burgerlijk Wetboek / BW). Second, Chinese in general also participate in BW with the exception of Civil Registration and pre-marriage events. Third, Arabs and Easterners outside China follow their own customary laws. Fourth, Indonesian indigenous peoples follow customary law in which Christians follow the Christian, Javanese, Minahasa and Ambon Marriage Deed (Ordinance Huwelijk Christen Indonesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No. 74 in 1933. Fifth, non-people from the previous class / group follow the rules of mixed marriage.

Prior to the provision of marriage in the Marriage Law Number 1 of 1974, interfaith marriages had legal legitimacy based on Staatsblad 1898 no. 158. In the Marriage Law, it is clear that there are no provisions regarding interfaith marriage because the law itself only recognizes and only states the validity of interfaith marriages as referred to in Article 2 paragraph (1).

The state appears to allow interfaith marriages because they must not be legally registered. Unfortunately, interfaith marriage is only recognized as an administrative marriage registered with the Population and Civil Registry Office instead of a marriage that is legalized as a legally valid marriage even though some religious understandings allow this type of marriage.

Administrative System and Mechanism Towards Interfaith Marriage in Indonesia

Law Number 23 of 2006 concerning Population Administration describes the order of important community events, one of which is the marriage event mentioned in Articles 8 and 9 in addition to Articles 34 and 35 which clarify the provisions for registration of marriage. Article 34 reads as follows: (1) A marriage which is valid according to the provisions of law must be reported by the population to the official institution where the marriage is carried out no later than 60 (sixty) days from that date; (2) Based on the report as referred to in number (1), the Civil Registry officer shall record it in the Marriage Deed book and issue the Marriage Deed that it issues. Furthermore, Article 35 states that "the registration of marriage as referred to in Article 34 also applies to: (a) marriages determined by the court.

From the description above, it is clear that critical incidents including spouse marriages outside the Muslim community are recorded at the Population and Civil Registry Service as described in Article 8 of Law Number 23 of 2006. However, the explanation of Article 9 paragraph (1) letter b states that the recording is carried out after the civil record has received the Court's decision which shows that the person concerned has received the District Court's decision.

Interfaith Marriage Implementation Policy

The policy for organizing interfaith marriages is very much influenced by how and to what extent stakeholders understand or consider the provisions regarding interfaith marriage. In this view, Mahfudh argues that state policy does affect the color of the existing law. Likewise, Birkland explained that among its characteristics, policies are made based on the public interest.

Interfaith Marriage: Between State Policy and Civil Society Rights

This normative and narrow view has greatly influenced the implementation of interfaith marriage policy. The rejection of the request for permission from the Court clerk of the Court clearly shows how procedurally policy makers do not provide a sense of justice to citizens who apply for interfaith marriage.

Policy makers and law enforcers must first understand the legal basis of Pancasila and the provisions in Article 29 paragraph (2) of the 1945 Constitution which states "the state guarantees the freedom of every citizen to adhere to his religion", Law Number 39 of 1999 concerning Human Rights (HAM ) Article 10 paragraph (1) which explains "everyone has the right to build a family and continue their offspring through legal marriage and free will", as well as related articles concerning interfaith. marriages that are not explicitly described in the Marriage Law Number 1 of 1974.

This is all aimed at the state providing a sense of justice for the benefit of its people in order to obtain the legality of interfaith marriage.

Nur Khafidhin Review hpii

 Nama : Nur Khafidhin 

 Mata Kuliah : Hpii

NIM : 1902036145 

 Tugas : Review  

In the context of state's obligation to provide legal rights to its citizens, the void of interreligious marriage regulation becomes a problem since it contrasts to article 27 of the Constitution of 1945 which concedes that every citizen is equal before the law. Similarly, Article 28B of the Constitution states that "everyone has rights to build a family and continue their descendants through a legal marriage." It also contrasts to Law No. 39 of 1999 on Human Rights in article 10 paragraph (1) which describes "everyone has the rights to build a family and continue their descendants through legitimate marriage and free will". This contoversy even leads to a judicial review of Law No. 1 of 1974 Article 2 paragraph (1) submitted to the Constitutional Court with registration number 68/PUU-XII/2014, although the Constitutional Court finally rejected the petition on the reason that the Marriage Law does not violate the Constitution.

Marriage in Indonesia, before the birth of Marriage Law No. 1 of 1974, was regulated in several laws namely religious law, customary law and the West law. During the reign of the Netherlands, marriage was arranged in some rules according to the following grouping. First, Europeans followed the Civil Code (Burgerlijk Wetboek/BW). Second, Chinese in general also followed BW with the exception of the Civil Registration and the events before marriage. Third, Arabs and Orientals outside Chinese followed their own customary law. Fourth, indigenous Indonesian followed customary law in which Christians followed Marriage Act of Christian, Java, Minahasa and Ambon (Huwelijk Ordinance Christen Indonesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No. 74 of 1933. 

As Subekti explains, the birth of the Marriage Law No. 1 of 1974 symbolized the beginning effort of government to create uniformity of marriage law and eliminate its diversity. However, he believes that the provisions of Marriage Law has not set uniformity as stipulated in Article 66 on "closing provision" which states that "the rules contained in the Civil Code, the Marriage Ordinance for Christian People of Indonesia (Staatsblad 1933 No. 74) and Regulation of mixed marriage (Staatsblad 1898 No. 158) are no longer valid in so far as regulated in the Marriage Law No. 1 of 1974.” 

The implementation of interreligious marriage in Central Java is different from one region to another. In Surakarta, the implementation begins when a couple from different religion applies for registering interreligious marriage to the Civil Registry Office. The Office then provides a rejection letter as the basis for the couple to apply for interreligious marriage license to the State Court. After the Court granted license to perform the marriage, then the Civil Registry Office will record that interreligious marriage. 

There also occurs a model of marriage that does not follow the religion of husband or wife; they choose another religion (outside what they both believe) and rituals they deem as the most convenient one. Conclusively, in addition to the different interpretation to the rules of interreligious marriages in Indonesia, those interreligious marriage policies closely relate to the religious understanding of its policy makers and law enforcers.

 See the decision of Judicial Review on reviewing Law No. 1 of 1974 on Marriage towards the Constitution of 1945 on case No. 68/PUU-XII/2014.

 http://ejournal.iainmadura.ac.id/index.php/alihkam/article/view/2689/1866

HPII Firdaus Akhirus 1902016152

NAMA : Firdaus Akhirus Zamansyah

    Kelas   : HKI D3

    NIM    : 1902016152

    MATKUL : Hukum Perdata Islam Indonesia

State Marriage and Civil Marriage The Role of State Policy on Interreligious Marriage in Central Java

 

Concepts on Legal Policy and Legal Justice

      The word “policy” etimologically originates from English word “policy” or Dutch word “politiek”. Terminologically, policy means a set of concepts or principles which form the basis for doing a job, leadership and how to behave.11 Thus, the phrase of legal policy is synonymous with political law.

         Mahfudh furthermore says that political law is also a legal policy or legal direction that the state needs to enforce it in order to achieve its purposes by either creating a new law or replacing the old one.

      Foucault also explains that the legal and judicial systems are areas that are definitely associated with domination and power through conquest. According to him, law should not be demonstrated with established legitimacy, when in fact it is always a process of conquest.

   However Rawls said that a just law must be based on justice and a sense of justice for the public, while obeying the law determines the extent to which laws, institutions and policies are fair. Not only normative, justice is also at the procedural level of justice.

    Marriage in Indonesia before the birth of the Marriage Law Number 1 of 1974 is regulated in several laws, namely religious law, customary law and Western law. During the reign of the Netherlands, marriages were arranged in several rules according to the following groupings. First, Europeans follow the Civil Code (Burgerlijk Wetboek / BW). Second, Chinese in general also participate in BW with the exception of Civil Registration and pre-marriage events. Third, Arabs and Easterners outside China follow their own customary laws. Fourth, Indonesian indigenous peoples follow customary law in which Christians follow the Christian, Javanese, Minahasa and Ambon Marriage Deed (Ordinance Huwelijk Christen Indonesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No. 74 in 1933. Fifth, non-people from the previous class / group follow the rules of mixed marriage.

   Prior to the provision of marriage in the Marriage Law Number 1 of 1974, interfaith marriages had legal legitimacy based on Staatsblad 1898 no. 158. In the Marriage Law, it is clear that there are no provisions     regarding interfaith marriage because the law itself only recognizes and only states the validity of interfaith marriages as referred to in Article 2 paragraph (1).

   The state appears to allow interfaith marriages because they must not be legally registered. Unfortunately, interfaith marriage is only recognized as an administrative marriage registered with the Population and Civil Registry Office instead of a marriage that is legalized as a legally valid marriage even though some religious understandings allow this type of marriage.

   The policy for organizing interfaith marriages is very much influenced by how and to what extent stakeholders understand or consider the provisions regarding interfaith marriage. In this view, Mahfudh argues that state policy does affect the color of the existing law. Likewise, Birkland explained that among its characteristics, policies are made based on the public interest.

   There are several procedures that must be done to be able to register the marriage. Article 2 paragraph (1) of Law No. 1 of 1974 concerning Marriage is indeed an assistance that "Marriage is legal, carried out according to the law of each religion and belief". Meanwhile, Article 8 letter f of the Marriage Law states that marriage is prohibited if religious regulations are prohibited as well as other applicable regulations.

   If the validity of the marriage can be ascertained, then the next mandate of the Marriage Law must be carried out, namely the registration of marriage.

   According to Article 35 of the Adminduk Law, marriages determined by the court must be reported. Described in the elucidation of Article 35 letter a of the Adminduk Law, a marriage determined by the court is a marriage between people of different religions.

   The reporting procedure is regulated in Article 34 of the Adminduk Law. Reporting must be made no later than sixty days from the date of marriage. Then, based on this report, the civil registration official recorded it in the Marriage Certificate Register and issued a Marriage Certificate. Meanwhile, residents who are Muslim reported it to the religious affairs office (KUA).

   This article stipulates that only interfaith marriages that can be registered at the civil registry office are non-Muslim. However, it is not automatic that interfaith marriages involving Muslim residents can be registered at the KUA. Because, this is regulated in Article 2 paragraph (1) Government Regulation no. 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage.

    PP No. 9 of 1975 states explicitly that marriages that can be registered at the KUA are those that are carried out in Islam. This means that interfaith marriages, if carried out by court order, are registered at the civil registry office.

   marriage registration is absolutely essential. This is because there are many consequences if this obligation is not fulfilled. He revealed that unregistered marriages can have an impact on the status of children and also involve inheritance issues.

 

 

 

  

Sabbata Saisah 1902016145 (rivew jurnal)

 

 Nama : Sabbata Saisah Taqwal Ilah

 NIM : 1902016145

 Kelas : HKI D3 

 Hukum Perdata Islam Indonesia 

 

 State Marriage and Civil Marriage

 The Role of State Policy on Interreligious Marriage in Central Java

In the context of state's obligation to provide legal rights to its citizens, the void of interreligious marriage regulation becomes a problem since it contrasts to article 27 of the Constitution of 1945 which concedes that every citizen is equal before the law. Similarly, Article 28B of the Constitution states that "everyone has rights to builda family and continue their descendants through a legal marriage." It also contrasts to Law No. 39 of 1999 on Human Rights in article 10 paragraph (1) which describes "everyone has the rights to build a family and continue their descendants through legitimate marriage and free will". This contoversy even leads to a judicial review of Law No. 1 of 1974 Article 2 paragraph (1) submitted to the Constitutional Court with registration number 68/PUU-XII/2014, although the Constitutional Court finally rejected the petition on the reason that the Marriage Law does not violate the Constitution.[1]

Marriage in Indonesia, before the birth of Marriage Law No. 1 of 1974, was regulated in several laws namely religious law, customary law and the West law. During the reign of the Netherlands, marriage was arranged in some rules according to the following grouping. First, Europeans followed the Civil Code (BurgerlijkWetboek/BW). Second, Chinese in general also followed BW with the exception of the Civil Registration and the events before marriage. Third, Arabs and Orientals outside Chinese followed their own customary law. Fourth, indigenous Indonesian followed customary law in which Christians followed Marriage Act of Christian, Java, Minahasa and Ambon (Huwelijk Ordinance Christen Indonesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No. 74 of 1933.

As Subektiexplains, the birth of the Marriage Law No. 1 of 1974 symbolized the beginning effort of government to create uniformity of marriage law and eliminate its diversity. However, he believes that the provisions of Marriage Law has not set uniformity asstipulated in Article 66 on "closing provision" which states that "the rules contained in the Civil Code, the Marriage Ordinance for Christian People of Indonesia (Staatsblad 1933 No. 74) and Regulation of mixedmarriage (Staatsblad 1898 No. 158) are no longer valid in so far as regulated in the Marriage Law No. 1 of 1974.”[2]

The implementation of interreligious marriage in Central Java isdifferent from one region to another. In Surakarta, the implementationbegins when a couple from different religion applies for registeringinterreligious marriage to the Civil Registry Office. The Office thenprovides a rejection letter as the basis for the couple to apply forinterreligious marriage license to the State Court. After the Courtgranted license to perform the marriage, then the Civil Registry Officewill record that interreligious marriage.

Therealso occurs a model of marriage that does not follow the religion ofhusband or wife; they choose another religion (outside what they bothbelieve) and rituals they deem as the most convenient one.Conclusively, in addition to the different interpretation to the rules ofinterreligious marriages in Indonesia, those interreligious marriagepolicies closely relate to the religious understanding of its policymakers and law enforcers.

 

---

[1] See the decision of Judicial Review on reviewing Law No. 1 of 1974 on Marriage towards the Constitution of 1945 on case No. 68/PUU-XII/2014.

[2]http://ejournal.iainmadura.ac.id/index.php/alihkam/article/view/2689/1866