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Diana, Dewi Nur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Sexual behaviour or actions that differ from generally accepted sexual norms in the LGBT community should not be considered something that should be taken for granted. This sexual behaviour or action arises because there are variations in individual sexual desires. Sexual orientation and habits refer to a person's desire to express their desire, love, emotions, and sexual activities towards individuals of the same gender, the opposite gender, or both. LGBT is an abbreviation for Lesbian, Gay, Bisexual, and Transgender, which refers to a group of individuals who have a sexual orientation or gender identity that is different from the majority. There are various views in society regarding LGBT, with some rejecting this variation in sexual behaviour while others openly accepting it. The debate regarding LGBT issues is increasingly intense and widespread, with various arguments related to human rights (HAM) and arguments based on religion. This research aims to investigate different views regarding LGBT issues in Indonesia, both from a religious and a human rights perspective.

Falah Sabirin

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.