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
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