Review Of Interfaith Marriage Journals By Syaiful Mubarok(1902016123)

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        : Syaiful Mubarok (1902016123)

Date    : 15 December 2020

Research subject: Marriage Law of Different Religions

Research purposes: To understand the legal phenomenon of interfaith marriage in Central Java, especially in Surakarta, Semarang and Jepara.

Research methods: This observation was carried out to explore the phenomenon of cases of interfaith marriage in Central Java, especially in Surakarta, Semarang, and Jepara. The author used the interview method to the residence of the parties concerned about 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 study, it is very clear that the implementation of interfaith marriage in Central Java varies from region to region. For example, at Its application in Surakarta began when an interfaith couple submitted an application for registration of interfaith marriages to the Civil Registry Office 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.

Meanwhile, the implementation of interfaith marriage in Surakarta is different from the implementation of marriage in Semarang and Jepara because Legitimate interfaith marriages do not have the opportunity to do so 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 direct observation interview method, the truth can be believed. This is because researchers had a direct dialogue with the intended sources to find out the phenomenon of interfaith marriage in Central Java, especially in the areas of Surakarta, Semarang, and Jepara.

Research drawbacks: By conducting direct research observations (interviews), this research requires a very long deadline. Because, this research must adjust the time with the sources according to the schedule / agreement and the writer must prepare the interview topic in good, polite and correct language.

Conclusion: 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. Meanwhile, the Jepara and Semarang District Courts only interpret the legality 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.

Source:

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