REKONSTRUKSI HUKUM PERKAWINAN BEDA AGAMA PRESPEKTIF HAK ASASI MANUSIA

Abstract

The development of cases of interfaith marriage in Indonesia is increasing, while Law
Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage is still
not clearly and firmly regulated, unlike mixed marriages of different nationalities regulated in article 57
of Law number 1 of 1974. Various research results show that interfaith marriage continues to occur in
various forms of practice in Indonesia by taking advantage of legal loopholes and diversity of
interpretations of the conditions for the validity of marriage according to religious law as stipulated in
article 2 paragraph (1) of the Marriage Law No. 1 of 1974. Such an arrangement has the potential to
continue a long debate that never ends throughout the political dynamics of marriage law in Indonesia.
This article was written in order to study and become a legal offer regarding the issue of interfaith
marriage from the perspective of Human Rights (HAM) that guarantees legal certainty, namely the
fulfillment of moral rights and legal rights that uphold human dignity based on Pancasila and the
Constitution of the State of Indonesia which can then be used as a solution and legal offer.