Pertimbangan Hakim dalam Perkara Perkawinan Beda Agama di Pengadilan Negeri
Afdal Kurniawan, Prof. Dr. Tata Wijayanta, S.H., M.Hum.
2023 | Tesis | S2 Ilmu Hukum
This research aims to find out and examine how judges consider in deciding cases of interfaith marriage requests, as well as knowing and studying the indicators for judges granting or rejecting interfaith marriage requests, then completing the mechanism for interfaith marriage requests in court. This research uses normative legal methods, namely research that focuses on document or literature studies relating to interfaith marriages which are refined through interviews conducted with court judges. This research also takes several examples of judge determinations which serve as benchmarks in carrying out the analysis stage.
The research results provide an answer that interfaith marriages can be granted and can be rejected by judges. The judge granted the request for an interfaith marriage based on the legal rules for registering interfaith marriages which are permitted in Article 35 letter a UUAK. Marriage is permitted if the applicant also explains in the application why marriage should be permitted. The application for interfaith marriage which was rejected by the judge was based on the provisions of Article 2 paragraph (1) of the Marriage Law, apart from that the basic rules of each religious norm were also taken into consideration for the applicant, marriages which had not yet been carried out and which did not have any ties between the partners were also considered by the judge to reject interfaith marriage. Differences in mechanisms also underlie differences in decisions, because everything depends on the arguments of the applicants, as well as the considerations of the judge who decides the case. Decrees and circulars issued by the Supreme Court or the Constitutional Court are not strong enough to state that interfaith marriages cannot be carried out, because the position of these regulations is under the law.
The conclusion of this research is that the judge in his considerations prioritizes the legal rules governing interfaith marriages, as well as requests that can be proven by the applicant. Judges tend to grant marriages that have already been carried out before being asked for a decree and vice versa, the need for a court decree is a prerequisite for interfaith marriages to be carried out.
Kata Kunci : Perkawinan beda agama, Pertimbangan hakim, Putusan