Promlematika Hukum Perkawinan Aliran Kepercayaan di Indonesia; Antara Politik Hukum dan Politik Agama

Abstract

The freedom of every citizen to embrace and carry out worship based on belief and religion is a constitutional mandate contained in the first precepts and article 29 of the 1945 Constitution. The existence of followers of a belief must receive protection and legal certainty and receive equal status before the law. However, what is a disclaimer regarding this is the reality of marriage law in Indonesia when faced with adherents of belief. Article 2 paragraph ( 1) and ( 2) of the Marriage Law states that a marriage is said to be valid if it is carried out based on the laws of each religion and belief. As well as requiring it to be registered in the state administration. This paper raises the issue of marriage for religious adherents in Indonesia from two perspectives, namely the perspective of legal politics and religious politics. This paper was compiled using a descriptive qualitative method with a legal normative research approach. Data collection uses desk research and annotated bibliography methods. The findings in this paper show that until now the law of marriage for adherents of belief still contains polemics in its implementation. Meanwhile, when viewed from a legal political perspective, the government should regulate and provide legal certainty for marriages of religious beliefs, both adherents of religious beliefs or marriages between adherents of beliefs and non-believers as a form of legal supremacy. However, when viewed from the politics of religion, the existence of a belief system requires a clear understanding of the meaning of the term "belief".