Dispensasi Izin Perkawinan Beda Agama Di Indonesia

Abstract

Interfaith marriages in Indonesia, legally legally, are not specifically regulated in Law Number 1 of 1974 concerning Marriage. Article 2 Paragraph (1) of Law Number 1 of 1974 explains that marriage is legal if it is carried out according to the laws of each religion and belief. The formulation of this article does not clearly state that interfaith marriages are prohibited or allowed in Indonesia. The research method used is normative juridical, namely legal research that examines existing regulations to analyze phenomena that occur and emerge in society, so that their suitability can be known. Then this study concludes as follows, namely the competence of the District Court in giving permission for interfaith marriages to reap the pros and cons. From the pro side, there are several arguments, namely: 1) Law Number 1 of 1974 concerning Marriage does not clearly state about interfaith marriages and only recognizes marriages conducted based on the same religion and belief; 2) Reality shows that in Indonesia there are still many couples who perform interfaith marriages in various ways, either through traditional marriages or even carrying out marriages in other countries that allow; 3) Interfaith marriages can be registered by the Indonesian government as a formal administrative requirement; and 4) marriage registration can only be done if both the bride and groom who perform interfaith marriages obtain permission from the District Court through a marriage dispensation because the PN is the only agency authorized to grant interfaith marriage permits in accordance with the provisions of Article 35 Letter (a) of the Law. Law 23 of 2006 and the jurisprudence of the Supreme Court decision no. 1400 K/Pdt/1986