TINJAUAN YURIDIS PENETAPAN NOMOR 29/PDT.P/2019 PN GIANYAR TERHADAP UNDANG-UNDANG NOMOR 16 TAHUN 2019 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN DAN PUTUSAN MAHKAMAH AGUNG REG NOMOR 1400K/PDT/1986

Abstract

Interfaith marriage is a marriage bond between a man and a woman who embrace
different religions and beliefs while maintaining their respective beliefs. The phenomenon of
interfaith marriage is not new in Indonesia. Previously, there were rows of Indonesian
women who married non-Muslim men. A well-known case is the marriage of Andy Vonny
Gani P, a Muslim couple. The purpose of this writing: First, to find out the arrangements for
marriage according to Law Number 1 of 1974 concerning marriage. Second, to find out the
regulation of interfaith marriage according to law in Indonesia in relation to the Supreme
Court Decision Number 1400k/pdt/1986 (Case Study of Determination Number 20/pdt.p/2019
PN Gianyar)
The type of research in this paper is normative legal research. Normative legal
research is legal research conducted by examining legal literature or secondary data. This
research focuses on research on legal systematics. Research on legal systematics can be
carried out on certain laws or recorded laws.
From the results of the research, there are two main things that can be concluded.
First, the provisions for marriage of different religions are not regulated in the Marriage
Law, Article 2 Paragraph (1) of the Marriage Law is a "blanconorm" or empty rule, so that
the Civil Code only states that the Law The law views marriage from the point of view of its
relationship with civil law only. This means that regulations according to religious law are
not important as long as they are not regulated in Civil Law so that interfaith marriages are
not prohibited. Second, marriages of different religions are not specifically regulated, so the
Supreme Court Decision Number 1400K/PDT/1986 can be justified because of a legal
vacuum, then social realities and needs as above are left legally unresolved, because
allowing the problem to drag on will definitely lead to negative impacts in terms of social and
religious life in the form of smuggling of social and religious values. Determination of
Number 29/PDT.P/2019 PN Gianyar which legalizes this interfaith marriage. Because, in
order to avoid unpleasant actions.

Keywords: Juridical Review, Marriage, Different Religions