Legal Dilemma of Interfaith Marriage: A Study on Regulation and Implementation in Indonesia
DOI:
https://doi.org/10.70062/greensocial.v1i4.59Keywords:
Interfaith Marriage, Indonesian Law, Religious Freedom, Legal Pluralism, Marriage RegistrationAbstract
This study examines the complex legal framework surrounding interfaith marriages in Indonesia, focusing on the intersection of religious law, civil law, and cultural practices. Through analysis of existing regulations, court decisions, and implementation practices, the research investigates the challenges faced by couples seeking interfaith marriages within Indonesia's pluralistic legal system. The study employs a qualitative methodology, combining doctrinal legal research with empirical data collected through case studies and interviews with legal practitioners, religious authorities, and couples who have navigated the interfaith marriage process. Findings reveal significant disparities between formal regulations and practical implementation, highlighting how legal ambiguities and administrative barriers often lead couples to seek alternative solutions, including overseas marriages or religious conversion. The research demonstrates that while Indonesia's constitution guarantees freedom of religion and the right to marry, the practical implementation of interfaith marriage regulations remains problematic due to conflicting interpretations of religious and civil law. The study concludes that current regulatory frameworks inadequately address the contemporary realities of Indonesia's diverse society, suggesting the need for legal reform that better balances religious principles with citizens' constitutional rights.
References
An-Na'im, A. A. (2002). Islamic Family Law in a Changing World: A Global Resource Book. London: Zed Books.
Asshiddiqie, J. (2014). Pengantar Ilmu Hukum Tata Negara. Jakarta: Rajawali Press.
Cammack, M. (2011). "Legal Aspects of Muslim-Non-Muslim Marriage in Indonesia." Studia Islamika, 18(2), 235-278.
Center for Religious and Cross-cultural Studies. (2021). "Mapping Interfaith Marriage Practices in Indonesia."
Compilation of Islamic Law (KHI)
Constitutional Court Decision No. 68/PUU-XII/2014
Crouch, M. (2016). "Religious Freedom, Religious Courts and Women's Rights in Indonesia." Asian Journal of Law and Society, 3(1), 1-27.
Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
Donnelly, J. (2013). Universal Human Rights in Theory and Practice (3rd ed.). Cornell University Press.
Friedman, L. M. (2019). The Legal System: A Social Science Perspective. Russell Sage Foundation.
Government Regulation No. 9 of 1975 on Implementation of Law No. 1 of 1974
Hooker, M. B. (2008). Indonesian Syariah: Defining a National School of Islamic Law. Institute of Southeast Asian Studies.
Indonesian Consortium for Religious Studies. (2020). "Interfaith Marriage in Indonesia: Challenges and Opportunities."
International Covenant on Civil and Political Rights
Law No. 1 of 1974 concerning Marriage
Lukito, R. (2017). "The Enigma of Legal Pluralism in Indonesian Islam." Journal of Islamic Law and Culture, 15(3), 183-204.
Mulia, S. M. (2018). "Indonesian Muslim Feminists' Perspective on Interfaith Marriage." Journal of Indonesian Islam, 12(2), 173-194.
Salim, A. (2015). "Contemporary Islamic Law in Indonesia: Sharia and Legal Pluralism." Edinburgh University Press.
Supreme Court Decision No. 1400 K/Pdt/1986
The Asia Foundation. (2019). "Religious Freedom and Interfaith Relations in Indonesia."
United Nations. (1948). Universal Declaration of Human Right
