Yohanes Kristian Pranata (2022) Perceraian dan Rekonsiliasi Menurut Hukum Kanonik Gereja Katolik dan Hukum Perkawinan di Indonesia. Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

"The title of this research is ""Divorce and Reconciliation According to Canon Law of the Catholic Church and Marriage Law in Indonesia"". This research is a normative legal research that uses a statutory approach, a conceptual approach, and a case approach. Marriage in the Catholic religion has essential characteristics, namely monogamy and indissolubility. In fact, not a few Catholics in Indonesia have divorced in the District Court. This raises a question about whether religious law is included in the ratio decidendi of the panel of judges when giving a decision regarding divorce by a Catholic couple and what are the legal consequences of the divorce. Furthermore, there are some divorced Catholic couples who want to reconcile or re-establish a household with their ex-partners who have been divorced. This also raises a question about what actions the couple needs to take to regain their status as legal husband and wife in the eyes of the State and the Catholic Church. Based on these problems, two legal issues were taken, namely: (1) the ratio decidendi of the District Court's decision on divorce by Catholic couples and the legal consequences, (2) Reconciliation for divorced Catholic couples through the District Court. The conclusion that can be drawn from this research is that religious law is not included in the ratio decidendi of the District Court Judges when giving a decision regarding divorce by a Catholic couple. The legal consequence is that the marital relationship between Catholic couples is broken in the eyes of the State but not in the eyes of the Catholic Church. To be able to return to being a legal husband and wife, the couple concerned can perform the sacrament of repentance and apply for an annulment of the marriage. There are 2 suggestions that can be given through this thesis proposal, namely the State needs to form a rule that requires the Panel of Judges to consider aspects of religious law when adjudicating a divorce dispute and the Catholic Church needs to provide understanding to its people regarding the prohibition of divorce in the Catholic religion. "

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