Problematika Pernikahan Beda Agama Dalam Perspektif Hukum Positif (Studi Kasus Di Desa Anjungan Dalam Kab Mempawah)

Abstract

One phenomenon that occurs in Indonesia is interfaith marriage. Some of these marriages were done openly and some were done secretly. Interfaith marriages are also prohibited by Law Number 1 of 1974 article 2. The main problem in this research is what the law is for interfaith marriages according to legislation positif in Indonesia that occurs in Village Anjungan Dalam Mmepawah District.

This research is a library research. Law Number 1 of 1974 concerning marriage, and the Compilation of Islamic Law. To study these problems, qualitative and analytical descriptive research was used. The results of the research show that Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage states that marriage is valid, if it is carried out according to the laws of each religion and belief. Article 10 PP No. 9 of 1975 stated that a new marriage is valid if it is carried out in the presence of a registrar and is attended by two witnesses.

And the procedure for marriage is carried out according to the laws of each religion and belief.So, Law Number 1 of 1974 does not recognize interfaith marriages, so interfaith marriages cannot be performed. Article 40 KHI states that it is prohibited to enter into a marriage between a man and a woman who is not Muslim.