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

Nafila Inarotussofia Miftahunnaja ( 1902016149)

Title                            : State Marriage and civil marriagae: The Role of State policy on                            Interreligious Marriage in  Central Java

Journal                       : Al-Ihkam Law and Social Institutions

Pages                          : 30 Pages

Year                            : 2020

Author                        : Anthin Lathifah

Reviewer                    : Rois Mahfud Syahrul Falah (1902016117)

Date                            : 17 Desember 2020

Research subject       : law of marriage from different religions

Research subject       : local government policies regarding interfaith marriage especiali in jepara area and its surroundings.

Research purposes    : to know and understand how the law of interfaith marriage, especially in the area around me.

 

Research methods     : To explore the phenomenon of cases of interfaith marriage in Central Java, the author uses the interview method to the residence of the parties concerned with this case such as interviews with the initials ST, SR, MS (the party conducting the interfaith marriage), Ms. EST (officer in charge of Interfaith Marriage Registration at the Department of Population and Civil Registry of Surakarta City), Mr. Pramono (Civil Registry employee), judge Abdul Rohim from the Surakarta District Court, judge Ely from the Surakarta District Court, ST (Civil Code judge at the Semarang District Court), SRI (Head of the Marriage and Divorce Section of the Semarang City Population and Civil Registry Service), Mr. Uto (Clerk of the Jepara District Court).

Research result                      : In this research it has been seen that interfaith marriage in Indonesia has been regulated by many laws and various other regulations. However, there is a deficiency in this, namely interfaith marriages in Indonesia, namely that there is an understanding between central and regional regulations. Its application starts when an interfaith marriage application occurs in the registration application for interfaith marriage registration to the Civil Registry after which an examination is carried out, the applicant will receive a letter of approval due to the prohibition of interfaith marriage based on the provisions of Article 21 of the Marriage Law Number 1 of 1974.

Then, the couple submitted an interfaith marriage certificate to the District Court. After the Court gives permission to get married, the Civil Registry Office will record the interfaith marriage.

Meanwhile, the implementation of interfaith marriage in Surakarta is different from the implementation of marriage in Semarang and Jepara because legal interfaith marriages do not have the opportunity to do so and this shows that the Jepara and Semarang District Courts only interpret the validity of marriage based on the provisions of the Marriage Law Number 1 of 1974 that it must be between couples who are of the same religion. As a result, this understanding advised them not to accept applications for interfaith marriage permits. In Semarang, interfaith couples cannot complete any marriage and this forces one partner to temporarily submit to the religion of the partner to legalize the marriage. Jepara is also experiencing a similar situation, there is even a model of interfaith marriage which is carried out in two religious rituas, even though it only registers one religious marriage with the government. There is also a model of marriage that does not follow the religion of the husband or wife  they choose other religions (beyond what they believe) and the rituals they find most comfortable. Conclusively, regardless of different interpretations of the rules of interfaith marriage in Indonesia

Research advantages          : with the method of interviewing and analyzing it will be clear the purity of this phenomenon. and make us sure and know how the laws and procedures for interfaith marriage, especially in the areas of Jepara and Semarang       

Research drawbacks             : by conducting research in interviews, many must be considered. including the constraints in adjusting the resource's time with our time to be able to meet and several other things

Conclusion                            : so,It can be concluded that each region has a different law of interfaith marriage, because it can be seen that each region uses a different law as in Surakarta using Article 21 of the Marriage Law No. 1 of 1974 as the law of interfaith marriage and in Semarang and Jepara using the Marriage Law No. 1 of 1974 so that in that area. therefore, inter-religious marriages cannot be carried out except by changing religions in order to fulfill the requirements or not violate regional laws

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

 

 

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

 Nama/NIM : Ahmad Shofa Al Amin/ 1902016132

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” 

Journal Purpose. aims to discuss how the phenomenon of interfaith marriage in Central Java, especially in Surakarta, Semarang and Jepara occurs.

Research Subject. The subjects of this research are Stakeholders, Demographic Officials, and Religious Leaders.

Journal Methods. The research method used is a positivist approach, which seeks to reveal the truth of the existing reality and how the phenomenon of interfaith marriage in Indonesia occurs, especially in Central Java.

Research Result.

A.    Concepts on Legal Policy and Legal Justice

The knowledge and interests of each maker of law enforcement and its enforcer determine the birth of a law, though  in the ideal level , it should aim to uphold public justice. In this sense, law enforcement in Indonesia also should normatively have the authority to determine law using the sense of justice. 

B.  The Rights of Civil Society

The Constitution of 1945 section 28B mentions the rights of citizens to establish a family and Law No. 39 of 1999 on Human Rights article 10 paragraph (1). Human rights in society and nation includes: freedom of religion, of education and teaching, of thought both orally and writing, of having a house or place of residence, of association and assembly, the rights on protection and legal equality, equality of constitutional rights, protection of self and property , individual freedom which the state cannot contested it, and rights to have equal position in the government. To conclude, it appears that the right for marriage is fundamental for citizens as it is a part of civil rights that the state is supposed to guarantee it. 

C.  The Regulation on Interreligious Marriage in Indonesia

The concept of mixed marriage contained in the Marriage Law No. 1 of 1974 has different coverage with Staatsblad 1898 No. 158. Article 64 of Marriage Law states that "what is meant by a mixed marriage in the Marriage Law No. 1 of 1974 is a marriage between two people in Indonesia which are subjected to different laws because of different nationalities in which one of the parties has Indonesian nationality". The regulations of interreligious marriage are separated from normative validity on the Marriage Law with administrative rules in the law No. 23 of 2006 on the demographic administration and this makes interreligious marriage often referred to as a civil marriage.

D.  Administration System and Its Mechanism towards Interreligious 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. 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.

E.     The Policies of Implementing Interreligious Marriage

The policy makers should have broader understanding about the regulations of interreligious marriage so that they can provide a fiar solution to the whole community including couples who want to perfrom interreligious marriage. In addition, laws on marriage should not contradict each other and have a chance to create different understanding starting from the rules in pancasila as the ideology the constitution of 1945, the marriage law No. 1 of 1974 the demographic administration law No. 23 of 2006 and others.

F.     Interreligious Marriage Between State Policy and Rights of Civil Society

The different policy overshadowed by different understanding on the provision of interreligious marriage at the state court and the office of civil registry in Semarang, Jepara and Surakarta indicates the existence of different interpretation among the law enforcers of the relevant regulation Indonesia. in fact, the policy makers and law enforcers should firstly understand the legal basis of pancasila and the provision in article 29 paragraph (2) of the constitutional of 1945 which states “the state guarantees the freedom of every citizen to profess their own religion” law No. 39 of 1999 on human rights (HAM) article 10 paragraph (1) which explains “every person has the right to build a family and continue their descendant through legitimate marriage and free waill” as well as related article on interreligious marriage which are not esplicitly described in marriage law No. 1 of 1974.

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

tugas review hpii M. irham maulan 6137

 

Nama    : M. Irham maulana

NIM       : 1902016137

Kelas     : HKID3

Matkul  : HUKUM PERDATA ISLAM INDONESIA

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

    Mahfud futher said that policy law is also a legal direction needed by the state to enforce it to achieve its goals by making new laws or replacing old nes.

   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.

 

 

 Name : Muhammad Aulia Rahman

Nim : 1802016100

Author journal : Anthin Latifah

Reviewer : Muhammad Aulia Rahman

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

Background

interreligious marriage phenomenon in Central Java particularly in in Surakarta, Semarang and Jepara where policies of stakeholders on judicial system as well role of demographic officials and religious leaders heavily influence each other. Interestingly, the policies of State Court as authorized institution to legalize interreligious marriage vary among those three. The Surakarta State Court receives petition and allows interreligious marriage in contrast to Semarang and Jepara which deny this kind of petition. This difference comes from several factors, namely understanding of Indonesian marriage laws, religious understanding and role of religious leaders.

Goal

Discuss about the role of State Policy on Interfaith Marriage in Central Java, including the areas of Jepara, Semarang and Surakarta.

Method

This data research uses qualitative methods and searches for information from the al ihkam journal

Results 

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.

In Semarang, interreligious couples cannot perform any marriage settlement and it has forced a temporarily religious subjugation of one spouse to his/her couple’s religion for the sake of a legalized marriage. Jepara also experiences the same, even there is a model of interreligious marriage performed in two religious rituas, although they only register one religious marriage to the government.

In jepara even there is a model of interreligious marriage performed in two religious rituas, although they only register one religious marriage to the government. 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.

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

review jurnal wahyu riyadi_1902016120

Nama : wahyu riyadi

Nim : 1902016120

Kelas : HKI D3

Mata Kuliah : hukum perdata islam indoneisa

Review

The Concept of Legal Policy and Legal Justice The word "policy" is etymologically derived from the English word "policy" or the Dutch word "politiek".

Mahfudh further said that political law is also a legal policy or legal direction needed by the state to enforce it to achieve its goals by making new laws or replacing old ones.

; Fourth, may the standard and established patterns formulated help in deciding the process for selecting objectives as well as the means by which to achieve those objectives?

Whether a policy can become a social problem or not depends on the agenda formulated through the political process.

products with political stakeholder policies.

In this sense, Foucault23 also explains that the legal system and the judiciary are areas that are definitely related to domination and power through conquest.

Not only normative, justice is also at the level of procedural justice.

Rawls then proposes distributive justice which implies that justice should be distributed to all citizens, both majority and minority, although in the context of the differences between majority and minority, the former is preferable based on Rawls's principle of utilitarianism.

Thus it is not possible to regulate rules regarding civil society by Islam or any other religion.

But in reality, the state regulates matters related to religious communities, including marriage issues.

This is also contradictory because according to Hans Kelsen's concept in Stufen's theory, law should be hierarchical, where the provisions of the marriage law must follow the provisions of the existing higher laws.

interest.

According to Yudi Latif, Moh.

This includes the right to work and earn a living.

(Article 27 paragraph 2), defending the state (article 31 paragraph 1), education (article 31 paragraph 1), as well as economic and welfare rights (for the poor) in articles 33 and 34.

It's all called the minimalist approach right.

While the second category, democratic rights include the right to health, education, employment and social security.

These rights are an integration of civil rights and political rights.

Regarding freedom of religion, Carillo de Albornoz, as quoted by Koshy, stated that freedom of religion or freedom of religion has four main aspects, namely freedom of conscience, freedom of religious expression, freedom of association, and freedom of religious institutionalization.

In the same context, Said Agil Husin Al Munawar explained that every citizen has the same rights and obligations.

Human rights in society and nation therefore include: freedom of religion, education and teaching, thinking both orally and in writing, owning a house or place of residence, association and assembly, the right to protection and legal equality, constitutional equality.

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.

Marriage in Indonesia, prior to the birth of the Marriage Law Number 1 of 1974, was regulated in several laws, namely religious law, customary law and Western law. During the reign of the Dutch, marriage was arranged in several rules according to the following groupings.

First, Europeans follow the Civil Code (Burgerlijk Wetboek / BW).

Second, Chinese people in general also attend BW with the exception of Civil Registration and pre-marriage events.

Fourth, Indonesian indigenous peoples follow customary law where Christians follow the Christian, Javanese, Minahasa and Ambon Marriage Laws (Huwelijk Ordinance Christen Indonesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No. 74 in 1933.

Fifth, people who do not belong to the previous class / group follow the rules of mixed marriage.

Provisions regarding mixed marriages are regulated in Staatsblad 1898 No.

In the first article, it is stated that "mixed marriage is marriage between people in Indonesia which is based on different laws".

However, the concept of mixed marriage contained in the Marriage Law Number 1 of 1974 has a different scope from Staatsblad 1898 Number 158.

Subekti explained, the birth of the Marriage Law Number 1 of 1974 symbolized the beginning of the government's efforts to create a uniform marriage law and eliminate its diversity.

Regarding this, according to Ratno Lukito, the revocation of interfaith marriages in the Marriage Law Number 1 of 1974 is a condition of legal vacuum.

As explained in legal considerations, the Supreme Court accepts applications for interfaith marriage considering the constitutional rights of all citizens as described in Article 27 of the 1945 Constitution that every citizen is equal before the law.

In the Marriage Law, it is clear that there is no provision 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).

Therefore, it is reasonable for some to argue that old provisions such as Staatsblad 1898 No. 158 still have their own legitimacy to justify interfaith marriage in Indonesia.

Problems arise when the validity of a marriage as stated in article 2 paragraph (1) of the Marriage Law Number 1 of 1974 is contrasted with the administrative provisions of interfaith marriage in Law Number 23 of 2006 concerning Demographic Administration.

Unfortunately, however, interfaith marriages are only recognized as administrative marriages registered with the Population and Civil Registry Service, not marriages legalized as legally valid marriages even though some religious understandings allow this type 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 Certificate.

Furthermore, Article 35 states that "the registration of marriage as referred to in Article 34 also applies to: (a) marriages determined by the court.

2) In the event of rejection, the clerk of the court will provide a written statement of rejection accompanied by the reasons for rejection based on the request of one of the parties wishing to enter into the marriage.

5) This provision loses its power if the barriers causing the rejection are lost and as a consequence the party wishing to obtain the marriadge can repeat the notification of its intention.

Furthermore, after the District Court accepts the request for interfaith marriage from the applicant, the applicant can register the petition with the Population and Civil Registry Office.

This is mainly due to differences in the legal understanding of law enforcers about interfaith marriage.

In the Surakarta District Court, after the issuance of the Marriage Law Number 1 of 1974, interfaith marriage is still prohibited.

The application itself is first filed when the applicant registers his marriage at the Civil Registry Office.

Furthermore, the Constitutional Court examined the petition both from a formal and material perspective, namely the fulfillment of the requirements, the reasons for the applicant and the couple's desire to have an interfaith marriage, as well as the explanation of witnesses from each family to ensure that both parents had permitted and approved the marriage.