JURIDICAL ANALYSIS OF INTERFAITH MARRIAGE AGAINST THE DECISION OF THE SOUTH JAKARTA DISTRICT COURT (STUDY OF DECISION Number: 1139/Pdt.P/2018/PN. Jkt.Sel.)

Abstrak

This research aims to: (1) Determine the legal basis considered by the judge in the Decision of the South Jakarta District Court Number: 1139/Pdt.P/2018/PN. Jkt.Sel. regarding the permission for interfaith marriage. (2) Understand the implications of the judge's decision on interfaith marriage in the aforementioned court decision. The research adopts a Juridical Normative approach, employing both legislative and case study approaches. Primary, secondary, and tertiary legal sources are utilized. Document and literature studies are employed for legal data collection. The findings are as follows: (1) The judge's consideration in approving the request for permission for interfaith marriage is based on the absence of a specific law explicitly prohibiting such marriages, leading to a legal vacuum. Referring to the 1945 Constitution stating that the government provides protection to the entire nation and advances public welfare, interfaith marriage should not be problematic. (2) The implications of the judge's decision on marriage are that the approval of the application does not raise immediate issues, but it may affect the marital relationship and the rights of the children in the future. In conclusion, the recognition of interfaith marriages can create normative voids. This is because Law No. 1 of 1974 on Marriage does not explicitly prohibit interfaith marriages, leading to varying interpretations within society. Therefore, judges may refer to the Constitution, which emphasizes the government's duty to protect the nation and promote public welfare, indicating that interfaith marriage should not be a problem.