Prevalence of Interfaith Marriages in Indonesia: An Analysis Based on Principles of International Law and Positive Law
Abstract:
The issue of interfaith marriages in Indonesia has generated significant controversy in light of the constitutional act aimed at upholding the Marriage Act of 1974. The absence of transparency and precision in the legal principles has generated apprehensions regarding the delicacy of this matter. The issue of interfaith marriage legality necessitates ongoing scrutiny and examination of its corresponding laws and regulations. In order to mitigate complications, it is necessary to provide clarification on the legal foundation, as the law exerts influence over both social and cultural perspectives. The primary objective of this research investigation is to examine the frequency of interfaith unions and explore the various social, legal, and cultural elements that are linked to such marriages. To achieve the research objective, a qualitative legal research methodology was employed, involving the collection of data from primary and secondary sources. The researcher has adopted a normative judicial research strategy and conducted content analysis. The study's findings suggest that the increasing complexity of interfaith marriages is exacerbated by the disparities among various legal entities, such as judicial institutions, constitutional courts, and local court settlers. Furthermore, it is imperative that the provisions within the Indonesian Marriage Act explicitly acknowledge and effectively govern the matter at hand. Consequently, appropriate policies should be implemented in accordance with these regulations. Based on the empirical evidence, several recommendations are offered to enhance the efficacy of the legal framework pertaining to interfaith marriages.
Keyword:
Interfaith marriages, Indonesia, International Law, Positivist law