TINJAUAN HAK ATAS PERKAWINAN TERHADAP PERKAWINAN ANTAR UMAT BERBEDA AGAMA DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA

Audrey, Denisha Angelica (2024) TINJAUAN HAK ATAS PERKAWINAN TERHADAP PERKAWINAN ANTAR UMAT BERBEDA AGAMA DI INDONESIA DALAM PERSPEKTIF HAK ASASI MANUSIA. S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Inter-faith marriage has become an issue that raises debates and has resulted in pros and cons in its implementation. In accordance to the regulations which is applicable in positive law in Indonesia, a marriage that will be registered by the state is a marriage that is carried out as well as performed in accordance with the religion and beliefs adhered to by each religion. The presence of Supreme Court Circular Letter Number 2 of 2023 concerning Guidelines for Judges in Adjudicating Cases of Application for Registration of Marriages between People of Different Religions and Beliefs has attracted a lot of attention from the international community because it is considered as a form of limitation of the right to marry and contradicts human rights that are universal and inherent in each individual. The establishment of norms and laws in a country is the result of a study with considerations based on the existing historical culture living in a country. Indonesia is a state with strong religious values. It is reflected in Pancasila and the judge's brief in deciding a case in court. The value of religion is one of the important factors in determining whether a marriage is valid or not. This makes the right to marriage only exercised in a limited manner. Along this journal, the right to marry for interfaith couple is studied using normative method.

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