@phdthesis{digilib69301,
           month = {November},
           title = {PRAKTIK PERKAWINAN BEDA AGAMA DI PENGADILAN NEGERI DAERAH ISTIMEWA YOGYAKARTA (KAJIAN TERHADAP DASAR DAN PERTIMBANGAN HUKUM HAKIM DALAM PENGABULAN PERMOHONAN PERKAWINAN MUSLIM DAN NON-MUSLIM)},
          school = {UIN SUNAN KALIJAGA YOGYAKARTA},
          author = {NIM.: 21103040132 Marsya Salsabila Azzahra},
            year = {2024},
            note = {Faiq Tobroni, M.H.},
        keywords = {Permohonan, Hakim, Perkawinan Beda Agama, Hak Kebebasan
Beragama},
             url = {https://digilib.uin-suka.ac.id/id/eprint/69301/},
        abstract = {The registration of interfaith marriages in Indonesia remains a polemic to this day.
Some interfaith couples often experience obstacles in applying for the issuance of
their marriage certificate, because the Population and Civil Registration Office
rejects the application and requires couples who have entered into an interfaith
marriage to apply for dispensation to register an interfaith marriage to the District
Court for a judge's decision. This is no exception in the Special Region of
Yogyakarta, particularly in Yogyakarta City and Bantul. There were four
applications for the registration of interfaith marriages in 2023 in the Special
Region of Yogyakarta, two of which were applications for the registration of
interfaith marriages between Muslim and Catholic applicants. The stipulations are
Yogyakarta District Court Stipulation No. 141/Pd.tP/2023/PN Yyk and Bantul
District Court Stipulation No. 99/Pdt.P/2023/PN Btl. The author is interested in
conducting a study of these two stipulations by raising issues related to the legal
basis for the settlement of the petition and legal considerations of judges associated
with their understanding of the concept of freedom of religion and legal
interpretation
This research is conducted using a juridical-empirical approach, namely,
research on legal practices by judges in the District Court which are then examined
through relevant laws and regulations and through the values and principles of
provisions related to the issue of interfaith marriage. This research is based on
primary data, namely in the form of a decision of the District Court of Yogyakarta
City and Bantul, and the results of an interview with a judge, and is also based on
secondary data in the form of primary legal materials, namely, legislation,
especially Law Number 1 of 1974 concerning Marriage and Law Number 24 of
2013 concerning Population Administration. The primary and secondary data are
strengthened by data derived from the opinions of experts and similar research
literature, and then analyzed by referring to the theory or concept of legal
interpretation and religious freedom.
This study reveals that first, the judges in Yogyakarta City and Bantul tend
to grant the application for registration of interfaith marriages by referring to the
legal basis in the form of relevant articles of the Law, namely article 2 of Law No.
1 of 1974 Concerning Marriage, and article 34 paragraph (1) of Law No. 23 of
2006.34 Second, in granting the application, the judges consider several facts,
including the occurrence of Islam by the prospective Muslim couple, the religious
marriage has been held in the Church witnessed by Catholic experts. With this
attitude, the judges also looked more broadly at the legal vacuum of Law No.
1/1974 on Marriage and Law No. 24/2013 on Population Administration related to
marriage registration dispensation where the judges interpreted the law and
expressed their understanding of the concept of freedom of religion and human
rights to marry and embrace religion, as clearly seen in the Yogyakarta District
Court Stipulation No. 141/Pd.tP/2023/PN Yyk and Bantul District Court
Stipulation No. 99/Pdt.P/2023/PN Btl.}
}