ANALISIS PENETAPAN PENGADILAN NEGERI PONTIANAK NOMOR: 12/Pdt.P/2022/PN Ptk TENTANG PENCATATAN PERNIKAHAN BEDA AGAMA

Ihya ‘Ulumuddin, NIM.: 19103040043 (2023) ANALISIS PENETAPAN PENGADILAN NEGERI PONTIANAK NOMOR: 12/Pdt.P/2022/PN Ptk TENTANG PENCATATAN PERNIKAHAN BEDA AGAMA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The registration of interfaith marriages cannot be recorded because Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage, namely marriage is only valid if it is carried out according to their respective religions and beliefs. However, with the existence of article 35 letter an of Law no. 23 of 2006 Jo. UU no. 24 of 2013 concerning Population Administration which opens opportunities for the implementation and registration of interfaith marriages with conditions through court permission. This study explains whether the decision of the Pontianak District Court in deciding the application for an interfaith marriage permit has fulfilled the values of legal certainty and legal protection, as well as the legal consequences arising from the judge's determination in determining the interfaith marriage permit at the Pontianak District Court. In this case, the Pontianak District Court judge's decision Number: 12/Pdt.P/2022/PN Ptk. This type of research is library research by collecting and investigating literature, such as books, journals, and applicable laws and regulations related to interfaith marriages. The nature of the research is descriptive and analytic. In the data collection method, the compiler uses the library method. The results of this study indicate that in the decision of the Pontianak Pontianak District Court judge Number: 12/Pdt.P/2022/PN Ptk. First, the decision does not contain the values of legal protection and legal certainty in it. Legal protection is all efforts made to guarantee legal certainty. Judges should not rush to make a decision legalizing interfaith marriages based only on Article 35 letter of the Adminduk Law. Judges should explore, follow, and understand the values of law and justice in society, as stipulated in Article 5 paragraph (1) of Law no. 48 of 2009 concerning Judicial Power. While the understanding of legal values is the provisions of the regulations that apply to groups of people, in this case for Muslims KHI applies. However, there are also those who argue that the decision contains the values of legal protection and legal certainty by referring to Article 57 UUP and Article 6 PPC by referring to Article 66 UUP. Second, there are 2 (two) legal consequences arising from the stipulation, namely psychological and juridical. The psychological aspect of the couple being blessed with offspring, of course, will affect the position of the child and the child's mentality and how to maintain good relations between children and parents regarding interfaith marriages. The juridical aspect is not a problem because their marriage is valid, because a court decision has been issued by the competent court, and the decision has legal force.

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