ANALISIS YURIDIS TERHADAP PUTUSAN HAKIM PADA KASUS PERKAWINAN BEDA AGAMA DI INDONESIA DALAM PERSPEKTIF HUKUM DAN HAM

Abstract

Marriage is one of the rights of every citizen to form a happy and legal family in the eyes of the law. Marriage in Indonesia is based on Law Number 1 of 1974 concerning Marriage. However, the law does not clearly regulate interfaith marriages. Interfaith marriages that are not recognized or have no legality can give rise to various problems before the law. For example, an invalid marriage can affect the legal status of marriage, inheritance, and so on. In case decision number 916/Pdt.P/2022/PN.Sby, this is the first case where an interfaith marriage was legalized in Surabaya. In this case, two problems were found, the first of which was analyzing the judge's considerations in deciding the case and analyzing how human rights protection for interfaith marriages exists in Indonesia. This research was carried out using normative juridical research methods, which are descriptive analysis in nature so the data is needed to be analyzed qualitatively. The theoretical basis used in this research includes Decision Number 916/Pdt.P/2022/Pn.Sby, Law Number 1 of 1974, Article 28 B of the 1945 Constitution, and Article 29 of the 1945 Constitution. Therefore, this research can be concluded that in trial, after examination and consideration by the judge, it was determined that the judge granted all of the Petitioner's second petition and charged court costs. However, this provision still contradicts the Marriage Law Article 2 Paragraph 1. Based on the Marriage Law Number 1 of 1974 and the 1945 Constitution, interfaith marriages are not prohibited or a crime, so they can still be implemented. Even though marriages can be carried out, the legal legality of interfaith marriages is still unclear. So the suggestion is that there needs to be a clear study so that every citizen gets definite guarantees by law.