KEABSAHAN PERKAWINAN BEDA AGAMA DI INDONESIA TERKAIT PENETAPAN NOMOR 916/PD.P/2022/PN SBY

Abstract

Indonesia is a country with a multi-religious society, which opens up the
potential for interfaith marriages. The rules regarding marriage in Indonesia are
contained in Law No. 1 of 1974 concerning Marriage. It is still a matter of debate
that there is not a single article that clearly mentions interfaith marriages.
Surabaya District Court with Determination Number 916/Pdt.P/2022/PN Sby in
granting the request for dispensation for interfaith marriages. The formulation of
the problem of this research is what is the validity of interfaith marriages related
to Determination Number 916/Pdt.P/2022/PN Sby and what are the legal
consequences of registering interfaith marriages with the Surabaya PN Decree
Number 916/Pdt.P/2022/PN Sby. Purpose of writing This is to find out the validity
of interfaith marriages related to Determination Number 916/Pdt.P/2022/PN Sby
according to Law Number 1 of 1974 concerning Marriage and to find out the
legal consequences of registering interfaith marriages with Determination
Number 916/Pdt.P/ 2022/PN Sby. This research is normative research using an
approach to the legal principles in Law Number 1 of 1974 concerning Marriage.
From the research results, it can be concluded based on the analysis of the
legal materials obtained that according to the marriage law in Indonesia,
interfaith marriages are prohibited and declared invalid and religiously, but their
registration is valid according to state law. Based on the Surabaya District
Court's determination that the legal consequences of registering a marriage are
that the status of the marriage is legally valid so that the relationship between a
husband and wife who give birth to a child through an interfaith marriage means
the child has a legal status and is legally recognized.
Keywords : Keywords: Marriage, different religions, validity, registration.