MULTI-CULTURAL & ADAPTIVE TO GLOBAL NEEDS RESEARCH TOPIC UNIT: MARRIAGE LAW IN MULTI-RELIGIOUS SOCIETIES ADAPTIVE TO 'PURE OF LAW LEGAL THEORY (2024)

Sundari, Elisabeth and Retnowati, Anny and Putri, Koleta Donna Indhayana MULTI-CULTURAL & ADAPTIVE TO GLOBAL NEEDS RESEARCH TOPIC UNIT: MARRIAGE LAW IN MULTI-RELIGIOUS SOCIETIES ADAPTIVE TO 'PURE OF LAW LEGAL THEORY (2024). [Research] (Unpublished)

Text (Elisabeth Sundari, Anny Retnowati dan Koleta Donna Indhayana Putri) Laporan Akhir Penelitian Dr. E. Sundari-Dr. Anny-Koleta.pdf Download (2MB)

Abstract

Indonesian marriage law puts religion as the basis for the validity of marriage, while on the other hand it does not use religion as the basis for the validity of divorce. It raises theoretically a fundamental problem called human rights violation. With an empirical and normative approach, this research purposively sampled 10 former wives and 10 former husbands after Catholic divorce in Yogyakarta City and Sleman Regency in 2023, to show what fundamental problems arise when going to or already remarried. Furthermore, based on the existing problems, the research explores argument for proposing a 'neutral' marriage law based on pure of law theory as a solution to prevent or eliminate fundamental post-divorce problems. The result shows that Catholic ex wives and husbands as the respondens experienced handycaps to remarry through Catholic way, since the church refuses on the consideration that their previous marriage can not be divorced. They finally force to remarry through the other religion way that indeed does not accord to their own religion. Based on Pure of law theory, it may propose a neutral marriage law from religion basis, that accommodating everyone to marry or divorce freely together to adhere the religion freely. By replacing religion term into the other ‘universal value’ that relevan for marriage, i.e, based on love of each other and agreement.

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