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.