Legal Norm Protection for Inter-Faith Marriage of In Indonesia In Framework of Legal Pluralism

Abstract

The existence of legal void in marriage law for Indonesian citizens who engage in inter-religion marriages raises legal uncertainty. Meanwhile, perhaps due to the fact that Indonesia has plural society, the number of potential couples who engagee to inter-religion marriages increases. The purpose of this study is to formulate the concept of legal norms protection for inter-religion marriages in Indonesia. The material of legal components consists of primary and secondary legal which obtained from literature study. We found that the state should provide a space which is recognized by every citizen to exercise his or her rights including the right to raise a family and the right to have freedom related to religion and belief. The basis of the recognition is that inter-religion marriage is philosophically justified because of human rights and it is legally required to provide legal certainty. Meanwhile, sociologically it is increasing in society. The construction of the concept of legal protection norms that have been formulated for the Indonesian citizens who engage to inter-religion marriages are as follows: Inter-religion marriages is a marriage performed by a man and a woman of Indonesian citizens who have different religions. Prospective couples of inter-religion marriages can apply the establishment of marriage to the District Court. The form of state recognition for the citizens, especially pre-married couple with different religion, must register their marriage to Civil Registrar Office.