This study aims to determine the position and authority of Law No. 16 of 2019 in responding to interfaith marriages abroad. The type of legal research used is a dogmatic juridical research method. The data collection in this study was carried out through a literature study of laws and regulations, journals, research results, and books. This study uses hermeneutic analysis and interpretation methods to analyze the data used in this study. The study results show that interfaith marriage is not justified in all scriptures recognized in Indonesia. Couples who want to have interfaith marriages can hold them abroad. Meanwhile, from the state’s point of view, interfaith marriages are inconsistent. In this case, Law No. 16 of 2019 does not justify interfaith marriage, while Law No. 24 of 2013 can determine the marital status of interfaith abroad. So that the legal certainty of interfaith marriages is not based on Law No. 16 of 2019 but Law No. 24 of 2013. Therefore, it is suggested that the government amend Law No. 16 of 2019. In this case, it contains norms that legitimize interfaith marriages as regulated in Law No. 24 of 2013. If Law No. 16 of 2019 is considered still relevant to the socio-cultural conditions of Indonesia, the government must amend Law No. 24 of 2013. In this case, it is removing norms that legitimize interfaith marriages. The amendments to the legislation attempt to resolve inconsistencies in the legislation related to interfaith marriages.
scite is a Brooklyn-based organization that helps researchers better discover and understand research articles through Smart Citations–citations that display the context of the citation and describe whether the article provides supporting or contrasting evidence. scite is used by students and researchers from around the world and is funded in part by the National Science Foundation and the National Institute on Drug Abuse of the National Institutes of Health.
customersupport@researchsolutions.com
10624 S. Eastern Ave., Ste. A-614
Henderson, NV 89052, USA
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
Copyright © 2024 scite LLC. All rights reserved.
Made with 💙 for researchers
Part of the Research Solutions Family.