Kawin Beda Agama dalam Legislasi Hukum Perkawinan Indonesia Perspektif HAM
Abstract: In the universal
standards and appropriate covenants on civil and political rights is stated
that any institution is not allowed to handcuff someone's freedom to choose a
partner. However, in practice in the context of Indonesia is not as easy as
that discourse. In this context the concept of utilitarianism Maqashid Shariah
and legal formulation laid spirited serious benefits. Two of these concepts
turned out to affect the dynamics of the formulation of the rules of marriage
in Indonesia. In Article 2 of the Act No.1 / 1974 of the marriage has been
declared that the marriage is valid if conducted according to religion and
belief. Furthermore, a very sharp contradiction is visible on the existence of
Presidential Directive 1991 on the Compilation of Islamic Law and Counter Legal
Draft of Compilation of Islamic Law. In the CLD-KHI in Article 54 states
unequivocally that interfaith marriages are allowed to keep records to fulfill
the purpose of marriage, the happiness of the couple. Here, the formulation is
consistent with the concept of utilitarianism serious benefits. In the context
of human rights, human happiness (the couple) would be used as a right that can
not be reduced under any circumstances (non-derogable rights), while the
interest of following the religion as an interest that could be reduced in
certain circumstances (derogable rights / interests).
Penulis: Faiq Tobroni
Kode Jurnal: jpperadabanislamdd110128
