Perkawinan Antara Pemeluk Beda Agama dalam Perspektif Hak Asasi Manusia

Yusuf, Alfian (2021) Perkawinan Antara Pemeluk Beda Agama dalam Perspektif Hak Asasi Manusia. Masters thesis, UNIVERSITAS 17 AGUSTUS 1945 SURABAYA.

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Abstract

ABSTRACT Every human being has eaquality before the law including the right to live fostering a family by a marriage, Indonesian constitutional law at Article 28 B paragraph 1 of the 1945 Constitution. Meanwhile, the legality of a marriage is based on Article 2 of Law No.1 of 1974 concerning Marriage, namely that there is no marriage in outside the law of each religion and belief. So it becomes very dilemmatic, if the marriage is carried out by a prospective bride of different religions or beliefs. The formulation of the problem in this research is, what is the view of positive law and human rights in Indonesia on marriages between followers of different religions? Focus this study is to analyze the legal aspects of positive law on marriage and human rights views on the implementation of marriage between followers of different religions in Indonesia. The research method used was normative juridical. The approach used in this research is the statute approach, the case approach and the conceptual approach. The results of the research, in fact Law Number 1 of 1974 as the unification of marriage law in Indonesia does not explicitly regulate marriage arrangements between followers of different religions, and the positive law that regulates marriage is so thick with dominance from the religious aspect, as well as the lack of aspects of human rights law accommodated humans. Whereas Article 10 paragraph (2) of the Human Rights Law clearly states that a legal marriage can only be carried out with the free will of both parties. In this case, the main principle or principle of carrying out a valid marriage in a human rights perspective is the free will of the person carrying it out. The conclusion in this study is that in the absence of clear regulations regarding marriage between followers of different religions, it can be stated that there is a legal vacuum. Thus making various interpretations of the law resulting in legal uncertainty and rejection of interfaith marriages can be categorized as discriminatory acts.

Item Type: Thesis (Masters)
Uncontrolled Keywords: Marriage, Different Religions, Human Rights
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Magister Ilmu Hukum
Depositing User: 1321900012 Alfian Yusuf
Date Deposited: 02 Jun 2021 01:14
Last Modified: 02 Jun 2021 01:14
URI: http://repository.untag-sby.ac.id/id/eprint/7833

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