ANALISIS PENCATATAN PERKAWINAN BEDA AGAMA (STUDI PENETAPAN PENGADILAN NEGERI YOGYAKARTA NOMOR 378/PDT.P/2022/PN.YYK DAN PENETAPAN NOMOR 141/PDT.P/2023/PN.YYK)

Ahmad Najib Rifai, NIM.: 20103040071 (2024) ANALISIS PENCATATAN PERKAWINAN BEDA AGAMA (STUDI PENETAPAN PENGADILAN NEGERI YOGYAKARTA NOMOR 378/PDT.P/2022/PN.YYK DAN PENETAPAN NOMOR 141/PDT.P/2023/PN.YYK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Reality shows that interfaith marriage is a common phenomenon in all layers of society. In practice, with the issuance of the Population Administration Law, interfaith couples can register their marriages through a Court determination scheme. However, the Supreme Court has issued a Circular Letter (CLSC) that basically prohibits the Court from granting applications for registration of interfaith marriages. Furthermore, the Yogyakarta District Court has its own perspective and paradigm in handling cases of interfaith marriages, which essentially removes the element of interfaith itself. This understanding raises questions related to whether the use of such perspectives and paradigms can be justified in order to pass the application for registration of interfaith marriages? Or is it a form of circumvention of the provisions of CLSC Number 2 of 2023. Based on these issues, problems can be formulated including: First, how is the analysis of the consideration of the Yogyakarta District Court Judge in granting the application for registration of interfaith marriages based on the provisions of the applicable laws and regulations; and Second, how is the legal consideration by the judge when viewed from the perspective of child protection and the right to freedom of religion and the right to form a family and continue offspring? This research is a type of normative legal research that is descriptive-comparative in nature and uses a case approach and comparative approach. The data presented are sourced from primary and secondary data sources which are extracted using the data collection method of document or literature studies and interviews. Data analysis uses a qualitative method with a triangulation model combined with the Miles and Huberman analysis model. The analysis was conducted by referring to the theory of judges' considerations in imposing judges, the theory of child protection, as well as the theory of freedom of religion and continuing offspring. The results showed that the judge's consideration was considered appropriate and did not conflict with the applicable laws and regulations. However, after the enactment of CLSC Number 2 Year 2023, the use of perspectives and paradigms that negate the element of interfaith marriage on the grounds that the marriage is carried out according to the law of one religion in order to grant the application is unjustified. The acceptance of the application in the Yogyakarta District Court after the enactment of CLSC is a misinterpretation of the provisions of CLSC itself. Furthermore, the handling of interfaith marriage cases must pay attention to other values beyond its validity, such as the protection of children, the right to freedom of religion and the freedom to form a family and continue offspring that have been guaranteed in the 1945 Constitution and international regulations.

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