Lailatul Jannah (2022) Pertimbangan Hakim dalam Penetapan Atas Permohonan Perkawinan Beda Agama. Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

Marriage is an important event that can change the legal status of two people who are married, so that there are separate legal arrangements to underlie various actions taken before the marriage is carried out, acts committed in the marriage bond, as well as matters relating to the end of marriage in Indonesia. . Marriage law itself is regulated in Law Number 1 of 1974 and has been amended in Law Number 16 of 2019 concerning Marriage. The law on marriage stipulates the conditions for the validity of marriages in Article 2, in which the arrangement becomes a polemic that interfaith marriages cannot be registered. In fact, there are stipulations that accept requests for interfaith marriages, and there are also stipulations that accept requests for interfaith marriages. The formulation of the problem in this study, namely, 1) Interfaith Marriage in the Perspective of Marriage Laws, and 2) Judge's Decidendi Ratio Analysis in Determining Interfaith Marriages. This research uses statute approach, conceptual approach, and case approach. This legal research resulted in the finding that the Marriage Law does not explicitly stipulate the prohibition of interfaith marriages, but by looking at the judges' considerations who rejected interfaith marriages, it can be concluded that Article 2 closes the possibility of interfaith marriages. Judges in deciding cases should override the Human Rights Act, because there are more specific rules that regulate marriage law, namely the Law on marriage.

Item Type:	Thesis (Thesis)
Additional Information:	Conflict of interest, diferensiasi fungsional, kejaksaan.
Uncontrolled Keywords:	judge's consideration; determination; interfaith marriage.
Subjects:	K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K7000-7720 Private international law. Conflict of laws > K7120-7197 Persons > K7155-7197 Domestic relations. Family law > K7157-7179 Marriage. Husband and wife
Divisions:	03. Fakultas Hukum > Magister Kenotariatan
Creators:	Creators NIM Lailatul Jannah 031924253052
Contributors:	Contribution Name NIDN / NIDK Thesis advisor TRISADINI PRASASTINAH USANTI 196702261993032001 Thesis advisor INDIRA RETNO ARYATI 198003202005012002
Depositing User:	mat sjafi'i
Date Deposited:	22 Sep 2026 04:17
Last Modified:	22 Sep 2026 04:17
URI:	http://repository.unair.ac.id/id/eprint/147669
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