Juridic Review of Different Religion Divorce on Islamic and Catholic Religions

DOI

10.2991/978-2-38476-008-4_17How to use a DOI?

Keywords

Marriage; Divorce; Interfaith Marriage

Abstract

The Supreme Court’s decision Number 1400K/Pdt/1986 provides the basis that interfaith marriages can be requested for a court order as a registration application at the Civil Registry Office. The verdict is for couples of different religions who want to get married in Indonesia and register their marriages at the Civil Registry Office. This is inseparable from the enactment of Law Number 1 of 1974 concerning Marriage which stipulates that a marriage is valid if it is carried out by a couple of the same religion. Marriage is certainly desired by every couple to last forever and separated only by death. However, sometimes a marriage can stop due to a divorce between the spouses. Based on the UUP, marriage must be carried out by a bride with the same religion, which of course will also affect the choice of religious law in marriage in the event of a divorce. Then what if there is a divorce between a couple of different religions, especially Catholics and Muslims, if in the end they have to divorce. This study aims to examine the legal options that divorced couples can choose and the divorce process. The research was conducted using legal research methods with a statutory, conceptual, and case approach. Prescriptive analysis is used to analyze legal materials so that answers are obtained as answers to the formulation of the problems raised.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Budi Hermono
AU  - Nurul Hikmah
AU  - Astrid Amidiaputri Hasyyati
PY  - 2023
DA  - 2023/03/19
TI  - Juridic Review of Different Religion Divorce on Islamic and Catholic Religions
BT  - Proceedings of the International Joint Conference on Arts and Humanities 2022 (IJCAH 2022)
PB  - Atlantis Press
SP  - 137
EP  - 146
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-008-4_17
DO  - 10.2991/978-2-38476-008-4_17
ID  - Hermono2023
ER  -