The Position of the Marriage Law on Interfaith Marriages Abroad

Mangarengi, Arianty Anggraeny; Hanza, Yuli Adha

doi:10.37276/sjh.v3i1.127

Cited by 4 publications

(4 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…These rituals demonstrate the varied ways Indonesian society understands and approaches family life (Maiyo et al, 2023). According to Mangarengi and Hamzah (2021), marriage is a bond between two individuals-a woman and a man-aimed at forming a happy and lasting family or household. This bond must be based on the belief in the Almighty God, as taught by the main principle of Pancasila.…”

Section: Resultsmentioning

confidence: 99%

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Putra,

Rahayu

2024

AIJIH

View full text Add to dashboard Cite

This research aims to analyze and understand how integrating the Samawa tribe’s local wisdom in the practice of indigenous marriage can occur harmoniously and in alignment with Indonesia’s national law. This research uses an inductive qualitative analysis. Inductive analysis is an approach that begins with field facts, analyzes them based on relevant legal theories and arguments, and ultimately yields a conclusion. The results show that Samawa indigenous marriage law can integrate harmoniously with national law. This integration encompasses indigenous law, where the Tana Samawa Indigenous Institution is crucial in preserving local wisdom. The existence of this indigenous institution, regulated by Sumbawa Regency Regulation Number 10 of 2015, demonstrates the Regency Government’s commitment to integrating local wisdom with the national legal system. In indigenous marriage, this integration ensures that local wisdom remains valid under indigenous law and has legality under Law Number 1 of 1974. Challenges and obstacles in preserving Samawa indigenous marriage, require a comprehensive approach that includes education, documentation of customs, and promotion of local wisdom through modern technology. Therefore, it is recommended that the Tana Samawa Indigenous Institution continue to strengthen the preservation and development of local wisdom through comprehensive education programs and documentation, and forge more intensive cooperation with the Regency Government and educational institutions. The Department of Education and Culture of Sumbawa Regency is recommended to integrate local wisdom material into the formal and non-formal education curriculum, and support cultural preservation initiatives by providing adequate facilities and resources. Samawa indigenous people are recommended to actively participate in the preservation of customs, support programs run by the indigenous institution and government, and use modern technology to document and promote their traditions, ensuring that local wisdom values remain alive and respected in everyday life.

show abstract

Section: Resultsmentioning

confidence: 99%

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Putra,

Rahayu

2024

AIJIH

View full text Add to dashboard Cite

show abstract

“…From the provision above, it is understood that besides fulfilling the requirements based on Law Number 1 of 1974, marriage must also fulfill the requirements of each party's religious law. However, most holy books of each religion recognized in Indonesia do not allow interfaith marriages (Mangarengi & Hamzah, 2021). In this case, Law Number 1 of 1974 provides protection and legal certainty over the religious endogamy marriage system.…”

Section: Kepastian Hukum Atas Pelanggaran Sistem Pernikahan Endogami ...mentioning

confidence: 99%

Legal Consequences of Violating the Endogamy Marriage System in Indonesia: A Study of Legislation

Gadjong

2023

sjh

View full text Add to dashboard Cite

This study aims to examine and analyze how sanctions are applied for violating the endogamous marriage system and linked in the context of the positive law system in Indonesia. This study uses normative legal research with conceptual, historical, and comparative approaches. The collected legal material is then qualitatively analyzed to describe the problem and answer study purposes. The results show sanctions and consequences for individuals violating the endogamous marriage system. Sanctions can range from social ostracism, status demotion to fines and withdrawal of access to resources. In religious endogamy, violations are considered sins, and marriages can be declared invalid under Law Number 1 of 1974. Violations of racial or ethnic and caste endogamy do not have formal legal consequences but can impact an individual’s social status. Therefore, it is recommended that authorities and community leaders continue educating individuals about the implications of these endogamous marriage systems. The need for open dialogues about the pros and cons of these systems is also essential. Furthermore, the Indonesian legal system should protect all individuals’ rights and uphold principles of equality and non-discrimination while respecting cultural and religious nuances.

show abstract

“…This influence has caused changes in the mindset and implementation of marriage law, one of which is through prenuptial agreements that govern the assets of the prospective husband and wife (Assidik & Gassing, 2020). Consequently, marriage now involves a broader scope, encompassing social and legal aspects that apply before, during, and after the wedding (Mangarengi & Hamzah, 2021).…”

Section: Introductionmentioning

confidence: 99%

The Position of Premarital Property and Joint Property after Divorce: A Study of Premarital Agreement

Rimi¹

2023

sjh

View full text Add to dashboard Cite

This study aims to examine and analyze the position of the premarital property and joint property in the prenuptial agreement and the legal consequences after the divorce. This normative legal study uses a statute and comparative approaches with a literature study technique. The results show that premarital and joint property have different marital positions. Premarital property refers to property owned individually by the husband or wife before marriage. In contrast, joint property refers to property acquired during the marriage and jointly owned by husband and wife. At the time of the divorce, the joint property becomes the object of division, whereas the premarital property remains excluded from division unless regulated in the prenuptial agreement. If the divorce occurs without a prenuptial agreement, the division of joint property must be executed after a court decision is obtained, which has become final and binding. On the other hand, although the prenuptial agreement serves as a legal means of proof, the judge may ignore it for several reasons. That judge’s consideration can provide legal consequences for the prenuptial agreement in a divorce decision. Therefore, it is recommended that prospective spouses, notaries, and judges, need to understand the differences between premarital and joint property and the legal consequences related to divorce. Prospective spouses are advised to make clear and detailed prenuptial agreements regarding property division in the event of a divorce, thereby reducing potential conflicts and disputes. The notary should assist prospective spouses in drafting fair agreements under applicable laws. Judges, in turn, need to objectively consider prenuptial agreements and ensure that decisions align with both parties’ interests and the principles of justice.

show abstract

The Position of the Marriage Law on Interfaith Marriages Abroad

Cited by 4 publications

References 0 publications

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Samawa Indigenous Marriage Law: Harmonizing Local Wisdom with National Law

Legal Consequences of Violating the Endogamy Marriage System in Indonesia: A Study of Legislation

The Position of Premarital Property and Joint Property after Divorce: A Study of Premarital Agreement

Contact Info

Product

Resources

About