ASPEK HAK ASASI MANUSIA DALAM PEMBERIAN IZIN PENCATATAN PERNIKAHAN BEDA AGAMA (STUDI PUTUSAN PENETAPAN NOMOR 378/PDT.P/2022/PN.YYK)

Firyaal Azza Adibah, NIM.: 19103040080 (2023) ASPEK HAK ASASI MANUSIA DALAM PEMBERIAN IZIN PENCATATAN PERNIKAHAN BEDA AGAMA (STUDI PUTUSAN PENETAPAN NOMOR 378/PDT.P/2022/PN.YYK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Interfaith marriages in Indonesia are increasingly happening as time goes by, but this is still a constant debate and polemic in itself. The reason is that there are no strict provisions, especially in positive law, that regulate interfaith marriages. As a result, interfaith marriages experience a legal vacuum, which results in legal uncertainty. Nowadays, quite a number of court decisions grant requests for interfaith marriages to be registered by the state, such as the Yogyakarta District Court Decree Number 378/Pdt.P/2022/PN.Yyk. From this problem, the question arises: First, what are the legal considerations developed by the judge in granting permission to register interfaith marriages for applicants in Determination Number 378/Pdt.P/2022/PN.Yyk? And second, how is the use of a human rights perspective in granting permission to register interfaith marriages in terms of Indonesian positive law? To answer these problems, this study uses a type of field research that is analytical and descriptive in nature with an empirical and juridical approach. Data collection methods included documentation, interviews, and literature studies related to interfaith marriage. All the collected data was then analyzed and described qualitatively. The analysis also includes and combines the concepts of the essence of marriage and marriage as a human right. The results of the study show that the basis of consideration used by judges is that the marriage law system still provides opportunities for interfaith marriages to occur. In addition, the judge feels the need to pay attention to the human rights of the applicants related to their personal and legal status that have been guaranteed by the state. Moreover, the applicants have been blessed with a child whose right to obtain an identity and legal status must also be protected. Furthermore, the insistence on human rights forces the state to continue to pay attention to its people in terms of marriage. Granting permission to register interfaith marriages needs to pay attention to the right to freedom of religion and the right to form a family while still referring to statutory regulations.

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