PERKAWINAN BEDA AGAMA MENURUT HUKUM ISLAM DAN HUKUM INDONESIA
Studi Komparasi UU No.16 Tahun 2019 Tentang Perkawinan & Kompilasi Hukum Islam
Abstract
Marriage is part of the dimension of life that is worth worship. Every marriage has rules governing marriage as in Law Number 16 of 2019 Concerning Marriage. Article 1 states that marriage is “a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family/household based on Belief in One Almighty God”. With this research, it is expected to get a solustion for interfaith marriages.
The reseacrh method used by the author uses the Normative method with a statutory approach, and uses primary legal materials which focus research on the 1945 Law, Law Number 16 of 2019, Supreme Court Decision Number 1400/K/Pdt/1986, System Marriage Information (SIMKAH), and Al-Quran.
The result of the problem of interfaith marriage is in Law Number 16 of 2019 concerning Marriage wich creates a legal vacuum because there are no rules governing interfaith marriages, but in the Supreme Court decision interfaith marriage can be implemented Number 1400/K/Pdt/1986 Marriages can be carried out with predetermined considerations and can be registered at the civil registration office. But not all civil registration offices can accept interfaith marriages. In the view of Islamic Law, interfaith marriage is strictly prohibited because it will lead to conflict with different beliefs.
The conclusion of this study is the Regulation of Interfaith Marriage According to Positive Law and compilationof Islamic Law, the authors conculede that Law Number 16 of 2019 Concerning marriage as a whole does not regulate interfaith marriage and creates legal uncertainty but interfaith marriages can be carried out with the existence of a Court decision Agung No. 1400/K/Pdt/1986. Here the author gives suggestions that the government can provide solutions regarding interfaith marriages whose rules are still unclear.
