Juridical Review of Marriage Different Religion Connected with The Law Number 1 Year 1974 Jo Compilation of Islamic Marriage Law

Abstract

The definition of marriage according to Law Number 1 Year 1974 is a mental bond between a man and a woman as a husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. The conduct of marriage shall be in accordance with Law Number 1 Year 1974. In Article 2 Paragraph (1) says that marriage is lawful, if done according to their respective religious law and belief. At the moment there is a small part of Indonesian society who has implemented it through marriage processes that are inconsistent with what has been regulated in the Law of National Marriage that is legal unification that must be obeyed by every individual who carries out the marriage. Different religious marriages do not have a clear legal standing in the Indonesian Positive Law. Based on the above background, there are several problems that arise such as how the legitimacy of marriage of different religions held in Indonesia according to Law No. 1 of 1974 on Marriage and Compilation of Islamic Law and how the rights impact when there is a religious marriage to the parties, And his wealth. So the purpose of this study is to determine the validity of marriage of different religions and legal effects on the parties, descent and wealth. This research is analytical descriptive in order to obtain a comprehensive and systematic description of the observed problem connected with Positive Law regulation, using normative juridical approach that focuses on secondary data and field interview to study primary data, secondary data, and tertiary data collected In the form of legal materials related to the problem to be studied which will then be analyzed by qualitative juridical. The marriage of religious difference is illegitimate according to Article 2 paragraph (1) of Marriage Law No. 1 of 1974 as well as according to Articles 40 and 44 of the Compilation of Islamic Laws and it can be said that the marriage of different religions is not regarded as a legitimate marriage, The legal consequences of any consequences arising from such marriages include the right to the parties, the descendants and wealth of their property.