Legalitas Hukum Perkawinan Beda Agama Di Indonesia

Abstract

Marriage in Indonesia is regulated in the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage and the Instruction of the President of the Republic of Indonesia Number 1 of 1991 concerning the Compilation of Islamic Law. These two products of legislation regulate issues related to marriage, including inter-religious marriages. In the Law of the Republic of Indonesia Number 1 of 1974 concerning Marriage, article 2 paragraph (1) it is stated: "Marriage is legal, if it is carried out according to the law of each religion and belief". The provisions of Indonesia's positive law do not explicitly prohibit interfaith marriages. However, from the existing provisions and Indonesia's position as a non-secular country, it is interpreted that in Indonesia interfaith marriages cannot be held. Marriage law in Indonesia does not specifically regulate the marriage of interfaith couples so that there is a legal vacuum. Regarding the validity of marriage, marriage is carried out according to religion and belief as regulated in Article 2 paragraph (1) of the UUP. This research uses normative legal research, using a statute approach and library research. It aims to study further related to the regulation of interfaith marriages in Law Number 1 of 1974. The conclusion of this study is that the validity of interfaith marriages remains to be returned to the laws of their respective religions, while relating to civil relations arising from marriage, if the marriage has received legal recognition, then everything is considered valid and protected by law, while to overcome the legal vacuum caused by the indecisiveness of the Marriage Law in regulating interfaith marriages, namely by looking at Article 35 letter a of Law Number 23 of 2006 concerning Population Administration.