Problems of Different Religion Marriage in Indonesia Attached to Positive Law

Abstract

Interfaith marriages are indeed not a new thing for the multicultural Indonesian society. The marriage has occurred in the community (in various social dimensions) and has been going on for a long time. However, this does not mean that the issue of interfaith marriage is not an issue, in fact it tends to always be controversial among the people. There is an assumption that the cause is the existence of Law no. 1 of 1974 which does not accommodate the issue of interfaith marriages. Therefore, it is interesting to analyze interfaith marriages according to Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage and the regulation of interfaith marriages based on positive law. The specifications of this research are descriptive, the type of research is normative juridical, the method of approaching the law. The technique of collecting data is through document study, as well as the analysis is carried out in a qualitative normative manner. Based on the results of the analysis, it is concluded that interfaith marriages in Indonesia are still not regulated with certainty in the laws and regulations in Indonesia, but there are several articles related to interfaith marriages such as Article 2 Paragraph (1) and Article 8 letter (f) of the Law. Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, Article 35 of Law Number 23 of 2006 concerning Population Administration and Articles 40 and 44 of Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law. Interfaith marriages based on positive law provide several interpretations, due to the fact that life in Indonesia is a pluralistic society, so that there are not a few interfaith marriages, therefore through Law Number 23 of 2006 concerning Population Administration, the government seeks to fill the legal vacuum by including the authority of the Civil Registry Office to register interfaith marriages after obtaining a decision from the court as regulated in Article 35 letter (a).