Law Analysis Towards Judicial Review of Interfaith Marriage

Gunawan, Edi and Bukido, Rosdalina (2019) Law Analysis Towards Judicial Review of Interfaith Marriage. ICONEG (07). (Unpublished)

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Abstract. Interfaith marriage is still debatable in Indonesia‟s family law. The interfaith marriage regulation is assumed to reduce the right to choose a life partners in a different religions. Therefore, the judicial review towards the Article 2 paragraph (1) Act No 1 of 1974 on Marriage to Indonesia‟s Constitutional Court. Indonesia‟s Constitutional Court issues a decision Number 68/PUU-XII/2014 against the judicial review submitted by applicants. This article focuses on law analysis towards the judicial review of interfaith marriage. The litigants feel unfair and restrictive rights. Constitutional argumentation about the applicant is in Article 16 DUHAM on Human Rights. On the other perception, Indonesia‟s Constitutional Court Consideration refusing judicial review is a theology aspect, because marriage is not only anthropocentrism and the impact of marriage law status. Keywords: Marriage, Interfaith, Indonesia‟s Constitutional Court, Human Rights, Judicial Review

Item Type: Article
Subjects: Studi Keagamaan
Divisions: Lembaga > LP2M > Pusat Penelitian dan Penerbitan
Depositing User: Administrator Perpustakaan
Date Deposited: 08 Aug 2023 15:43
Last Modified: 08 Aug 2023 15:43

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