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Muhammad Nasa’i Dwi Saputra; Aulia Siti Aminah

Jurnal Insan Pendidikan dan Sosial Humaniora 2025 International Forum of Researchers and Lecturers

This research examines the issue of interfaith marriage in the context of religious moderation in Indonesia. This research uses a qualitative method with a library research approach. Based on Dukcapil data from 2022, 34.6 million couples were recorded as "unregistered marriages" due to interfaith marriages. showing strong tension due to the presence of regulations and religious doctrines that tend to be exclusive. By comparing the perspectives of Islam, Catholicism, and Hinduism, it was found that there are differences in doctrinal limitations regarding interfaith marriage practices. This shows how complex the relationship is between social structures and religious teachings in marriage. Moreover, this research found that there is a contradiction between the dominant interpretation of marriage law based on religious beliefs and the constitutional right to form a family (Article 28B paragraph 1 of the 1945 Constitution). As a solution, the paradigm of religious moderation is offered. This paradigm emphasizes justice, love, and tolerance as the fundamental principles of inclusive marriage. This study suggests changes to the legal and theological framework to adapt to a multicultural society.

Taufik Hidayat Lubis; Hepy Krisman Laia

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, a marriage is considered valid if it is conducted according to the laws of the respective religion and beliefs. Marriage is not merely a physical union but also an emotional bond, and fundamentally follows the principle of monogamy. In the legal framework of marriage, state protection—particularly for wives and future children—can only be guaranteed if the marriage is consciously conducted in accordance with Law Number 1 of 1974, which includes the requirement that the marriage be officially registered under applicable laws and regulations.If a marriage is not registered, the state cannot provide legal protection concerning marital status, joint property, inheritance, and other rights arising from the marriage. To establish a wife’s rights, it must first be proven that a legal marriage exists between her and her husband. One legal consequence of an unregistered marriage is that neither the wife nor any children from the marriage have the right to claim support or inheritance from the husband. Islamic inheritance laws allocate shares specifically to blood relatives.Unregistered marriages—often called sirri, kiyai, or syar’i marriages—are conducted according to religious rules or customs but are not registered with the Marriage Registrar. In Chinese customary law, property acquired during marriage is influenced by a patrilineal kinship system, where the wife’s status is governed by the husband’s family law. Generally, the husband, as head of the household, controls all marital property and has absolute rights to use it without needing the wife’s consent, including in transferring joint property.

Neny San Agustina Siregar; Dedy Arisjulyanto; Tri Noviyanti Mansur; Yumi Abimulyani

Jurnal Riset Rumpun Ilmu Kedokteran 2025 Pusat riset dan Inovasi Nasional

Early marriage is a social issue that negatively impacts adolescents' health, education, and overall well-being. Mimika Regency is one of the regions with a relatively high rate of early marriages. This study aimed to analyze the effect of the peer education method on adolescents’ attitudes toward marriage in Mimika Regency. This research employed a quasi-experimental design with a pre-test and post-test approach. The study population consisted of adolescents aged 15–18 years residing in Mimika Regency, with a total sample of 65 respondents selected using purposive sampling. The research instrument was an attitude questionnaire that had been tested for validity and reliability, with a Cronbach’s alpha score of 0.904, indicating that the instrument was reliable. Data were collected through a pre-test before the intervention and a post-test after the implementation of peer education. The results showed that the average score of adolescents' attitudes toward early marriage increased from 21.32 before the intervention to 30.98 after the intervention. Statistical analysis revealed a p-value of 0.000 (< α = 0.05), indicating a significant effect of peer education on adolescents’ attitudes toward marriage.Peer education significantly influences changes in adolescents’ attitudes in preventing early marriage in Mimika Regency.

Nada Tsana Fatinah; Elsa Fitria; Hanifatunnisa Hanifatunnisa; Uun Unayah; Peni Ramanda

Prosiding Seminar Nasional Ilmu Pendidikan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

In the context of Indonesian culture, living with parents or in-laws is quite common, especially for young couples who are not yet financially independent. However, dynamics in the household such as differences in values, habits, and privacy boundaries often pose psychological challenges for wives. This study aims to describe the psychological well-being of wives who live with their in-laws after marriage. This study uses a qualitative approach with an in-depth interview method with one of the informants who meets the criteria, namely women who have been married and have lived with their in-laws for at least one year. The results of the study indicate that there are various aspects of psychological well-being that are influenced by the condition of living with in-laws, including self-acceptance, autonomy, positive relationships with others, and mastery of the environment. Factors such as partner support, open communication, and adaptability are the main determinants in maintaining the psychological well-being of wives in this situation. This study is expected to provide insight for young couples and families in building harmonious relationships in a household involving more than one generation..

Nathania Ratna Debriana; Soraya Firmansjah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is an important aspect of social and religious life, regulated by religious and state laws. This study aims to analyze the legal consequences of marriages that take place without the presence of a marriage guardian, especially in the context of a prospective bride whose status is a convert. From the perspective of Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law, the presence of a marriage guardian is an absolute requirement for the validity of a marriage. This research uses a normative juridical method by utilizing literature studies as legal material to examine more deeply the hierarchy of marriage guardians and the implications arising from marriage without a marriage guardian. The results of this research show that a marriage that is not attended by a legal guardian can result in the invalidity of the marriage, which will have an impact on the legal status of children and women's rights. The case of Rizky Febian and Mahalini's marriage is a concrete example that shows the importance of the presence of a marriage guardian in maintaining the validity of marriage. This research is expected to provide a good understanding of the importance of marriage guardians and the legal procedures that must be followed in marriage, especially for prospective brides who convert to Islam.

Widia Ari Susanti; M. Sifa Fauzi Yulianis

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Muhammad Syahrur is a contemporary Islamic figure who presents innovative products in interpreting legal verses. One of them is the concept of milkul yamin which allows sexual activities outside of marriage. The focus of the discussion of this paper is to find out how the concept of milkul yamin Muhammad Syahrur, the methodology of Syahrur's legal istinbath, the background of Syahrur's life so that he has a very liberal orientation of thought and how when this milkul yamin concept is applied to Indonesian society. This research is categorized as a literature review (Library Research). Namely research by collecting data on the concept of milkul yamin Muhammad Syahrur to then describe and analyze it simultaneously. The results of this study indicate that Muhammad Syahrur never attended an Islamic school during his life, and when he was studying for his undergraduate, postgraduate, and doctoral degrees, the concentration he took was civil engineering, especially in soil mechanics. On that basis, the methodology of legal istinbath used by Syahrur is the theory of limits (hadd al a'la and hadd al adna), thus giving rise to the concept of milkul yamin which allows sexual intercourse without marriage. While when applied to the lives of Indonesian society, it has many weaknesses both from the legal side and from the socio-cultural side of Indonesian society.

Nur`aini Jihan Wijayanti

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage dispensation is a granting of marriage permit by the court to prospective husband and wife who are not yet 19 years old to get married. The granting of this permit has a significant impact on the rampant child marriage. Moreover, the author found a decision granting marriage dispensation on the grounds of having lived together for five months as stated in the Decision of the Larantuka PA/83/PDT.P/PA. LRT. From this background, the author is interested in finding out whether the granting of marriage dispensation on the grounds is in accordance with Islamic Law, the Marriage Law and the Child Protection Law or not. This study was conducted using a qualitative juridical method by examining library materials. The results of the study indicate that the granting of marriage dispensation on the grounds has not met the provisions of Islamic Law, the Marriage Law and the Child Protection Law. This is because there is still a lack of sufficient evidence to accept the application for marriage dispensation in the form of a health certificate and a mental age test to determine the health, both physically and mentally, of the child. Thus, the decision does not reflect the best interests of the child in the form of the right to health insurance for children.

Ery Kurnia; Albar Aliyyus

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia's indigenous peoples has strong cultural values and has been passed down from generation to generation. However, in practice, there are several forms of customary marriage that have the potential to contradict the applicable positive law, especially related to coercive actions in marriage. This study aims to identify and analyze the implementation of marriage culture in the form of forced marriage/captive marriage which is contrary to Law Number 12 of 2022 concerning the Crime of Sexual Violence (TPKS Law) that occurs in Sumba, East Nusa Tenggara. This study uses a descriptive qualitative method with a normative juridical approach, this study explores the content of the articles of the Marriage Law, the Criminal Code, and the TPKS Law. In the Indonesian legal system, marriage must meet the elements in the laws and regulations. However, in practice, the traditional marriage culture in Sumba has the potential to lead to forced marriage carried out by men where women are in a vulnerable position. Article 4 paragraph (1) of the TPKS Law clearly states that forced marriage is a form of sexual violence, which can be subject to criminal sanctions in accordance with Article 10 of the TPKS Law. Based on the results of the research, the cultural implications or impacts of forced marriage are the lack of justice, usefulness and legal certainty, so concrete steps are needed in the form of firmer law enforcement and the need for collaborative support from law enforcement officials and legal education for indigenous peoples so that these practices can be minimized and women's rights in marriage can be optimally protected.

Kresna Ayung Begawan; I Ketut Kasta Arya Wijaya

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the marriage agreement as an instrument of legal protection for both parties in a marriage, especially in terms of property ownership and financial responsibility. This study uses a sociological juridical method, with primary data obtained through interviews with a notary and secondary data from various legal literature, including Law Number 1 of 1974 concerning Marriage, the Civil Code, and the Constitutional Court Decision Number 69/PUU-XIII/2015. The results of the study indicate that the marriage agreement plays a role in preventing potential legal conflicts in marriage, both in monogamous and polygamous systems, and provides legal certainty for third parties, such as creditors or heirs. This agreement not only protects the rights and obligations of the husband and wife, but also ensures legal clarity in the division of assets and financial responsibility during and after the marriage.

Marta Sriyanti Kaat; Miriam Oktorida Hingmo; Oya Feni B .Maulaka; Paskaria Asamai; Halena Muna Bekata

Student Scientific Creativity Journal 2025 Pusat Riset dan Inovasi Nasional

The research aims to describe the symbolic meaning and cultural values ​​in traditional ceremonies of the Abuy tribe, North Central Alor sub-district, West Lembur Village, Alor Regency. The Abuy traditional ceremony is the identity of West Lembur Village in general as a tourism process that must be preserved by the local community and is a tradition that still survives in the midst of modern progress like this. In this ceremony, there are various positions that are filled with symbolic meaning, such as a sarong woven cloth which has a moko motif which symbolizes the customs of marriage.  This research uses a qualitative descriptive approach. Data was collected through direct observation through interviews with traditional shops and local communities. The research results show that this ceremony not only functions as a religious and social rite, but also as a medium for cultural preservation that strengthens community identity. Values ​​such as togetherness, gratitude and spirituality contained in this ceremony play an important role in maintaining social harmony and establishing human relationships with nature. Preserving this ceremony is important to maintain cultural heritage which has relevance in modern social life.

Nila Amania

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Pancasila has been established as both a rechtsidee (legal ideal) and a grundnorm (fundamental norm). The values of Pancasila must guide and be embodied in legal reform in Indonesia whether at the substantive level (legal content), structural level (legal institutions), or cultural level (legal culture). These values must be embedded in the Constitution of the Republic of Indonesia and further reflected in all subsequent laws and regulations. The value of national unity contained in Pancasila is reflected in the enactment of Law No. 1 of 1974 on Marriage. The unification of marriage law through this legislation abolished the diverse marriage laws that existed prior to its enactment. The value of social justice for all Indonesian people is reflected in the enactment of Law No. 16 of 2019, which amended Law No. 1 of 1974 on Marriage. The amendment, which revised the minimum age for marriage, provides justice for both men and women regarding the legal validity of marriage in Indonesia.

Millatul Hakimah; Dairani Dairani

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

On February 17, 2012, the Constitutional Court granted the lawsuit filed by Hj. Aisyah Mochtar who filed a judicial review of Article 34 Paragraph (1) of Law Number 1 of 1974 concerning Marriage. This lawsuit arose from her marriage to Moerdiono in accordance with Islam which was not officially registered, which gave birth to a son, Iqbal Ramadhan. The Constitutional Court's decision changed the status of illegitimate children, who previously only had a civil relationship with the mother, now also have a civil relationship with the father and the father's family. This decision applies not only to children born from unregistered marriages, but also to children from relationships between men and women without the bonds of marriage which can be proven through technology such as DNA testing. These children are entitled to civil rights protection, such as maintenance and education, but are not related to guardianship issues. In its considerations, the Constitutional Court emphasized that the law must provide fair protection and legal certainty for the status of children, including those born even though their marriage is still disputed. Eliminating discrimination against illegitimate children aims to provide positive value for the future of children. The obligation of alimony that was previously only borne by the mother, is now shared with the father who can be proven to have a blood relationship with the child. If the father neglects to fulfill his obligations, he can be sued in court. The next question is how the Constitutional Court Decision will be implemented regarding the recognition of the lineage of children born outside of legal marriage.

Muhammad Fidlilal Ihsan Rakhmat; Muhamad Farudin; Suryo Damar Priluckito Hanjayanto; Ainul Fazhilla; Aulia Darusman +1 more

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traditional marriage in Pulau Buaya Village is not just the union of two individuals, but also a bond between two large families that involves social, cultural, and economic aspects. The traditional marriage customs in this village have significant stages that reflect the values of collectivism and respect for ancestors. However, the majority of the community also adheres to Islam, which has its own legal rules regarding marriage. The interaction between customary law and Islamic law in marriage practices often results in adaptations or acculturation that do not always proceed smoothly. Some traditional customs sometimes conflict with the principles of Islamic law, creating challenges in balancing the preservation of traditions with adherence to religious teachings. This study uses a juridical-empirical method with a qualitative approach. Primary data is obtained through interviews and direct observation of traditional leaders, religious leaders, and couples who have undergone traditional marriages. Secondary data is gathered from literature studies on customary law and Islamic law. The findings show that the customary marriage law in Pulau Buaya Village has been adjusted to Islamic principles, but practices still exist that contradict Islamic law. The implications of this study are the need for an integrative approach in formulating marriage policies that respect cultural diversity while remaining in accordance with Islamic and national legal principles.

Kinata Kinar Andreas Perangin – Angin; Artaji Artaji; Fatmi Utarie Nasution

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is motivated by the high rate of marriage in Indonesia. Marriage is a sacred activity because through marriage there will be new family relationships and the consequences that arise from the marriage. The validity of a marriage in Indonesia is highly dependent on the provisions of each religion recognized in the Unitary State of the Republic of Indonesia. In Islam, a man can practice polygamy if he has met the existing conditions. Polygamy will have an impact on the validity of a marriage if the existing conditions are not met by the couple. Therefore, the validity of a marriage is very necessary in the system of the state of law.

Sakinah Azzahra Hsb; Nursania Dasopang

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the perspectives of Islamic law and positive law regarding the age limit for marriage. Age is generally seen as an indicator of maturity, though it is not always a reliable measure. The aim of this study is to explore the views of both Islamic law and positive law on the marriage age limit and its relevance in today's context. The research employs a normative juridical method, focusing on the applicable legal regulations. The findings reveal that Islamic law does not specify a particular age limit for marriage; rather, it relates to the stages of baligh (maturity) and rushd (wisdom). In contrast, positive law sets the marriage age limit for both men and women at 19 years.  

Asri Sabrina Koto; Siti Aini

Akhlak : Jurnal Pendidikan Agama Islam dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article examines marriage law as a form of uniformity and legal certainty. However, there are still differing views among Islamic scholars (fuqaha) regarding the position of witnesses in marriage. In light of this, the author is interested in discussing the role of marriage witnesses as one of the requirements for marriage according to the four fiqh schools of thought. This research employs a literature review method by collecting primary and secondary data from books, journals, and other legal regulations. The findings show that, according to the four fiqh schools, a marriage witness is an individual who clearly and certainly knows about the marriage event and is ready to provide evidence that can be held accountable if required by either party regarding the occurrence of the marriage. In the context of legal regulations, a marriage witness is recognized as one of the pillars of marriage, based on the view of the Shafi’i school. Two witnesses are the minimum requirement for marriage, and the purpose of having witnesses is to prevent the emergence of negative issues in society related to extramarital relationships. The presence of marriage witnesses also affirms the rights that arise after the marriage contract, such as the right to consultation, maintenance rights, and inheritance rights.

Raja Zulkifli; Doni Gusmardi; Fadlan Fadlan

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Interfaith marriage in Indonesia represents a complex legal challenge characterized by significant regulatory ambiguity and constitutional tensions. This juridical research investigates the existing legal vacuum surrounding interfaith marriage, examining the critical gaps in current legislation that impede comprehensive legal protection for interfaith couples. Utilizing a normative juridical approach with legislative and conceptual analysis, the study explores the intricate intersections between religious diversity, individual rights, and legal frameworks.The research reveals substantial deficiencies in the current legal system, highlighting the absence of specific regulations governing interfaith marriage. Key findings demonstrate the urgent need for a comprehensive legislative framework that balances religious pluralism, constitutional principles, and individual human rights. The study identifies critical challenges, including conflicts between existing legal provisions, social perceptions, and constitutional guarantees of religious freedom.Methodologically grounded in progressive legal theory and human rights principles, the research provides a critical analysis of the existing legal landscape. Comparative insights from international jurisdictions underscore the necessity of legal reform. The findings recommend the development of nuanced legislation that respects individual choice while maintaining social harmony.The study concludes that Indonesia requires a transformative approach to interfaith marriage regulation, emphasizing legislative reforms, public education, and the establishment of robust legal mechanisms that protect individual rights within the context of religious and cultural diversity.

Noviatul Hasanah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Fornication is all acts related to sexual life that violate decency (decency) including sexual intercourse outside of marriage. The Criminal Code classifies criminal acts of sexual abuse where the victim is a child. Children are the younger generation and potential human resources, therefore perpetrators of criminal acts of sexual abuse against children must be subject to appropriate punishment. The focus of the study in this research is to find out the side of justice in the decision of the panel of judges which is not in accordance with the actions of the defendant (Decision Study Number 07/Pid.Sus.A/2023/Pn Byw) case study of Banyuwangi Regency from the demands of the public prosecutor to the decision of the panel of judges what was imposed on the defendant was in accordance with the defendant's actions. From the results obtained in this research, the public prosecutor in his demands did not match the defendant's actions. The author feels that the panel of judges and public prosecutors in their decision gave criminal sanctions to the defendant that were not in accordance with the defendant's actions, because the perpetrator had more than one case.

Dina Agustian; Nesa Pebiola; Novi Fitriani; Putri Padilah

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Interfaith marriage is a complex issue with far-reaching legal, religious and social implications. This research analyzes the role of Islamic law in addressing interfaith marriage, focusing on the dynamics between harmonization and conflict. Through a literature review and survey, this research identifies the factors that influence the acceptance or rejection of interfaith marriage from an Islamic perspective. According to the questionnaire survey results, the majority of respondents rejected interfaith marriage absolutely, reflecting the strong traditional views in the Muslim community. However, there are also groups that allow these marriages under certain conditions, such as one of the couple converting. This shows the plurality of views in Islamic society regarding the issue of interfaith marriage. This shows the dynamics between religious norms and complex social realities in the context of interfaith marriage globally. Although Islamic law generally prohibits interfaith marriage, social practice shows that there are variations in its application.

Erma Erma; Muhammad Alwi; Nur Alfiyah; Rahmi Wahyuni

Reflection : Islamic Education Journal 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The wedding feast or yuamul farah in each tradition certainly has its distensing or uniqueness that gives birth to the characteristics of each region. The traditions carried out by each tribe of the community are certainly different from one another, one of which is the phenomenon practiced in the traditional events of the Mandailing tribe of North Sumatra which is still attached to this day is the tuor tradition in the Mandailing traditional marriage. Tuor is the name of the marriage dowry in the Mandailing customary agreement. The general description of tuor is: a man is obliged to give tuor to the woman he is going to marry. Tuor is a custom that has existed for a long time. For the people of Mandailing, the practice is as a form of preserving estavet tradition, although some of them do not know the origin of this tradition before. The author's observation on the area can be said that some people agree with the existence of this tuor tradition, but it is undeniable that there are other parts of the community who contradict the practice of the tuor because it can burden the party who will carry out the marriage. The party who feels burdened is the young man who is about to get married. Because sometimes the nominal size of the tuor results in delays in the marriage procession due to economic problems. The result of this study is that the Islamic perspective related to the tour inherited by the Mandailing community is not contradictory, because it is carried out on the basis that it both have aspects of willingness between one party and another. In addition, there is also a sense of family, agreement and also a sense of sincerity between the two sides of the family. The amount of the tuor is no longer a benchmark in Islamic considerations Because the form of the agreement between the two sides became the main foundation in establishing the tour.