Research Article
Law Analysis Towards Judicial Review of Interfaith Marriage
@INPROCEEDINGS{10.4108/eai.25-10-2019.2300544, author={Rosdalina Bukido and Edi Gunawan and Rahman Mantu}, title={Law Analysis Towards Judicial Review of Interfaith Marriage}, proceedings={Proceedings of the 1st International Conference on Environmental Governance, ICONEG 2019, 25-26 October 2019, Makassar, South Sulawesi, Indonesia}, publisher={EAI}, proceedings_a={ICONEG}, year={2020}, month={10}, keywords={marriage interfaith indonesia’s constitutional court human rights judicial review}, doi={10.4108/eai.25-10-2019.2300544} }- Rosdalina Bukido
Edi Gunawan
Rahman Mantu
Year: 2020
Law Analysis Towards Judicial Review of Interfaith Marriage
ICONEG
EAI
DOI: 10.4108/eai.25-10-2019.2300544
Abstract
Interfaith marriage is still debatable in Indonesia’s family law. The interfaith marriage regulation is assumed to reduce the right to choose a life partners in a different religions. Therefore, the judicial review towards the Article 2 paragraph (1) Act No 1 of 1974 on Marriage to Indonesia’s Constitutional Court. Indonesia’s Constitutional Court issues a decision Number 68/PUU-XII/2014 against the judicial review submitted by applicants. This article focuses on law analysis towards the judicial review of interfaith marriage. The litigants feel unfair and restrictive rights. Constitutional argumentation about the applicant is in Article 16 DUHAM on Human Rights. On the other perception, Indonesia’s Constitutional Court Consideration refusing judicial review is a theology aspect, because marriage is not only anthropocentrism and the impact of marriage law status.