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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)
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.
FAKULTAS SYARI’AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 21103040132 Marsya Salsabila Azzahra
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) (Text)
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) (Other)
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