State Marriage and Civil Marriage, HPII Jurnal Review

 Name  : M. Rizal Khoirul Umam

Class    : HKI-D3

NIM    : 1902016135

Duty    : Journal Review

Title                : State Marriage and Civil Marriage: 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        : M. Rizal Khoirul Umam (1902016135) 

Date                : December 2020, 13

Background :

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.

The phenomenon of interfaith marriage in Central Java, especially in Surakarta, Semarang, and Jepara, where stakeholder policies in the judiciary and the role of population officials and religious leaders greatly influence one another. The policy of the District Court as the institution with the authority to legalize marriage varies among the three. The Surakarta District Court accepted the petition and allowed interfaith marriages with Semarang and Jepara which rejected such petitions. These differences stem from several factors, namely understanding of law in Indonesia, understanding of religion and the role of religious leaders.

Method :

Using the interview method conducted by the author to the residence concerned (initials ST, SR, MSY) which was conducted in November 2013.

Result:

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 Office. The office then gave a rejection letter as a basis for the couple to apply for 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.

Unlike what happened in Semarang and Jepara. 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.

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