ANALISA HUKUM TERHADAP PERKAWINAN BEDA AGAMA (STUDI PENETAPAN NOMOR: 198/Pdt.P/2013/PN.Lmj)
ABSTRACT: This research is
motivated by the presence of PenetapanNomor : 198 / Pdt.P / 2013 / PN.Lmj State
issued olehPengadilan Lumajang . In this determination , the judge
mengabulkanpermohonan interfaith couples marriage between Sri Mulyani Christian
with Muslim Hadi Susanto using legal basis terdapatdalamPasal 35 letters ( a)
UndangNomor Act 23 of 2006 on Population Administration although basically
according to Islam and Christianity not mengehendaki their interfaith marriage
. Article 2 Paragraph 1 of the UndangNomor 1 1974 About Marriage mention that
legal marriage is according to religion and beliefs of each and has been
interpreted to mean that the law prohibits interfaith marriage . The author raised
this issue with the formulation of the problem related to the basic consideration
in determining the application judge interfaith marriage are associated
denganUndang - Law No. 1 of 1974 About Marriage . The author uses the method of
normative research on this issue , the approach used is an approach to
literature and legislation . This serves to study the consistency is there
kesesuaiandan antaradasar legal reasoning used by the judge UndangNomor Act 1
of 1974 TentangPerkawinandanjugaUndang – UndangDasarm 1945 . From the research tersebutdapatdisimpulkan
that the determination of the judge who granted the request of interfaith
marriage in Determination No. 198 / Pdt.P / 2013 / PN.Lmj has violated the
provisions of the marriage law judge judgment using a letter of Article 35 of
Law No. 23 of 2006 About Administration Population that interfaith marriage is
considered invalid . AGMA differentmarriage also violates the values contained
in the Pancasila as the first principlestates that " Belief in One
Almighty " .
Penulis: Shelly Novita
Kode Jurnal: jphukumdd151296
