Title : State Marriage and civil
marriagae: The Role of State policy on Interreligious Marriage in Central Java
Journal : Al-Ihkam Law and Social Institutions
Page : 30 Pages
Year : 2020
Author : Anthin Lathifah
Reviewer : Inarotud Duja (1902016143)
Date : 13 December 2020
Research subject : Law of Representation of Different Religions
Research purposes : to
understand how the law of the phenomenon of interfaith marriage in Central
Java, especially in Surakarta, Semarang and Jepara.
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 (parties who conduct interfaith
marriages), Ms. EST (officer in charge of Interfaith Marriage Registration at
the Department of Population and Civil Registry of Surakarta City), Bpk.
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), Uto (Clerk
of the Jepara District Court).
Research result : In this
research, it can be seen that the implementation of interfaith marriage in
Central Java varies from region to region. In Surakarta, application began when
an interfaith couple submitted an application for registration of interfaith
marriages to the Civil Registry after
checking, the applicant will get a rejection letter because of the prohibition
against interfaith marriage based on the provisions of article 21 of the Marriage Law No. 1 of 1974.Then, the
couple submitted an interfaith marriage certificate to the District
Court. After the Court gives permission to perform the marriage, the Civil
Registry Office will record the interfaith marriage.
The implementation of interfaith marriage in
Surakarta is different from the implementation of marriage in Semarang and
Jepara becauseLegitimate interfaith marriages do not have the opportunity to
take place and this indicates that the Jepara and Semarang District Courts only
interpret the validity of marriage based on the provisions of the Marriage Law
No. 1 of 1974 that it must be between couples of one 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 in order to legalize the marriage. Jepara also experienced a similar
situation, there is even a model of interfaith marriage that 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 chose other religions (beyond what they
both believed) and the rituals they found most comfortable. Conclusively, apart
from different interpretations of the rules of interfaith marriage in
Indonesia.
Research advantages: With the
interview method, the validity of this research can be believed because the
researcher went directly to find out the phenomenon of interfaith differences
in Central Java, especially in the areas of Surakarta, Semarang and Jepara.
Research drawbacks:This
research requires a long time because it uses the interview research method and
the researcher must be good at speaking and speaking properly and correctly.
And the implementation of this research must adjust the time with the resource person.
Conclusion: 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, interfaith marriage is considered illegal unless the bride and groom
choose one of their religions or another.
Source:
http://ejournal.iainmadura.ac.id/index.php/alihkam/article/view/2689/1866
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