Interfaith Marriage in Indonesia in the Perspective of Margin of Appreciation Doctrine

Abstract

This study aims to show whether the rejection of interfaith marriage in Indonesia can be accepted by the margin of appreciation doctrine. The research method uses doctrinal research by examining Indonesian marriage law policies that reject interfaith marriage along with facts on the ground to be analyzed from the perspective of margin of appreciation doctrine. The results show that theoretically the rejection of interfaith marriage that aims to entitle to a happier marriage is acceptable to the margin of appreciation doctrine. However, in practice, with the high number of divorces in interfaith marriages, the goal of implementing the minimum human right to a happier marriage required in the margin of appreciation doctrine has not been achieved.