Historical Study of Marriage Law Between the Norms and the Problematics

Abstract

Purpose: This study aims to examine the history of marriage law between norms and problems in Indonesia. Methods: The method used in this research is qualitative legal history analysis with a juridical-normative approach. Data was obtained by searching literature regarding marriage in the context of legal history in Indonesia, including laws, regulations, historical documents, and other related literature. Result and Discussion: Law Number 1 of 1974 concerning Marriage is unification for the entire population of Indonesia, which is plural but also plural with a release clause by their respective laws and religions. Based on the history of the formation of Law No. 1 of 1974 from the Draft Law until its ratification, experienced pros and cons based on religious perspectives and women's rights, both in legislative, executive, and organizational institutions Implications of the Research: Based on the formation process, it is influenced and colored by the interests of specific interest groups, with religious elements very dominant in it. In practice, implementing Law No. 1 of 1974 raises legal problems in certain legal events, especially various legal events that comply with Law No. 1 of 1974, which are patriarchal and detrimental to women as wives. Originality/Value: This research highlights the unique contribution and added value of research to our understanding of the history of marriage law in Indonesia. This research occasionally explores the evolution of norms and problems in marriage law. It identifies essential patterns and practical implications through an in-depth approach to legal historical analysis.