Sulham, Sulham and , Dr. Rizka, S.Ag., M.H (2019) Implementasi Pasal 1 dan 2 Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan terhadap Pasangan Suami Istri Beda Agama (Studi Penetapan Nomor 46/Pdt.P/2016/PN.Skt). Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
Marriage is a pressure of a religion (religion). Every religion has regulated about the procedure of the implementation. Indonesia is a pluralist country where a relationship between two human beings with a man or a man and a woman with different beliefs cannot be avoided, nor is marriage a different religion. In this study is about the petitioner of different religious marriages filed by the first petitioner and the second petitioner, the petitioner believed that religion wasn’t an obstacle to marriages so both petitioner remained in their stance to remain in their respective beliefs and engaged in different religious marriages. While the norms of Law No. 1 of 1974 on Marriage state that marriage is prohibited if the rules of the religion are prohibited as well as other applicable laws. However, in the judgment of the judge state that the Marriage Law does not explicitly that the prohibition of marriage different from religion, so long as the law does not specify that religious differences and beliefs are prohibitions on marriages, so the marriage that has a differences religion are allowed. The author argues that the Judge looks like forget about that marriage is a worship not just of lust where worship is a source of religious order. If marriage is a religious order it should be the rule of religion which is the basis for the judge's consideration of allowing marriages of different religions, by excluding other rules, this prohibition is also contained in article 8 letter f which states that marriage is forbidden between two persons who are in a religious or legal relationship Other things, forbidden to marry and supported by the national ideology of the Pancasila, where the first Godhead is the Divine God, God has determined the terms and manner of worship in each of the religious scriptures. So according to the provisions of Article 1 and Article 2 and Article 8 of the Law No. 1 of 1974 on Marriage as well as the rules on marriage in each religion, the authors consider that the designation of a judge is invalid because it contravenes these rules.
| Item Type: | Karya ilmiah (Skripsi) |
|---|---|
| Uncontrolled Keywords: | marriage, religious difference, divine divinity |
| Subjects: | K Law > K Law (General) |
| Divisions: | Fakultas Hukum > Hukum |
| Depositing User: | SULHAM |
| Date Deposited: | 23 Nov 2019 03:03 |
| Last Modified: | 23 Nov 2019 03:03 |
| URI: | http://eprints.ums.ac.id/id/eprint/79502 |
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