ANALISIS PERTIMBANGAN HAKIM TERHADAP PERKAWINAN BEDA AGAMA (STUDI PUTUSAN 423/PDT.P/2023/PN.JKT.UTR)

Untari, Dian Andini (2026) ANALISIS PERTIMBANGAN HAKIM TERHADAP PERKAWINAN BEDA AGAMA (STUDI PUTUSAN 423/PDT.P/2023/PN.JKT.UTR). Undergraduate thesis, UPN VETERAN JAWA TIMUR.

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Abstract

Interfaith marriage is a complex and controversial legal issue in Indonesia, given the absence of clear and comprehensive regulation under Law Number 1 of 1974 on Marriage (Marriage Law). This legal vacuum has given rise to conflicting interpretations among the public and law enforcement officials, ultimately resulting in inconsistent court decisions. This study examines in depth the judge’s considerations in Decision Number 423/PDT.P/2023/PN JKT.UTR, which granted a request for marriage registration between a Catholic and a Protestant Christian couple, as well as the legal consequences of that decision for the parties involved. The research method employed is normative legal research using a statutory approach, descriptive approach, and case approach. Primary legal materials include the 1945 Constitution, Law Number 1 of 1974, Law Number 23 of 2006 on Population Administration, SEMA Number 2 of 2023, and the court decisions under review. The findings indicate that the judge’s reasoning that a marriage between a Catholic and a Protestant Christian is not an interfaith marriage because they share the same faith is legally unfounded and contradicts SEMA Number 2 of 2023. The legal consequences of this decision significantly affect marital status, the legal standing of children, and property division. This study concludes that clearer and more comprehensive legislation on interfaith marriage in Indonesia is urgently needed to guarantee legal certainty and the protection of constitutional rights for all parties involved. Keywords: interfaith marriage, judge’s consideration, SEMA Number 2 of 2023, legal consequences, Marriage Law, legal certainty

Item Type:

Thesis (Undergraduate)

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