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Karenina Fernandya

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Marriage is one of the fundamental institutions in Indonesian law, regulated through Law Number 1 of 1974 concerning Marriage as subsequently amended by Law Number 16 of 2019. The practice of polygamy in Indonesia is not absolutely prohibited, yet it is subject to strict requirements, including obtaining prior permission from the Religious Court and consent from the existing wife or wives. The absence of such permission constitutes a serious violation of marital law. This study examines the juridical review of polygamy without permission under Indonesian marriage law, focusing on the high-profile case of Ahmad Dhani and Maia Estianty. Using a normative legal research method with a statutory and case study approach, this paper analyzes the legal basis of polygamy regulation, the legal consequences of unauthorized polygamy, and the legal remedies available to aggrieved parties. The findings indicate that Ahmad Dhani's marriage to Mulan Jameela without obtaining permission from the Religious Court and without the consent of his first wife, Maia Estianty, constituted an unlawful act under Indonesian marriage law. Such unauthorized polygamy renders the second marriage legally defective and potentially voidable. Furthermore, the aggrieved wife has the legal right to file for divorce and claim compensation under applicable civil law provisions. This study also reveals systemic weaknesses in the enforcement of polygamy regulations in Indonesia, particularly the lack of effective sanctions against violators. Recommendations are directed at legislative reform to strengthen existing provisions and enhance judicial oversight of polygamous marriages in Indonesia.

Fransiskus Dose; Marselinus Langgor; Felix Riondi Sugar; Adelberto Wili Boko

jurnal Riset Rumpun Agama dan Filsafat 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze Catholic marriage in the perspective of Martin Buber's dialogical philosophy, particularly the concept of “I-Thou,” as an integrative and applicable approach to building family life. Catholic marriage is understood as a sacrament that is monogamous and indissoluble, based on the Holy Scriptures, Church teachings, and the Code of Canon Law. However, various contemporary challenges such as communication crises, technological developments, and internal family conflicts demand a renewal of the way of understanding husband-wife relationships in a more dialogical and personal manner. This study uses a qualitative method with a literature approach, descriptive-analytical in nature, through content analysis and hermeneutics of relevant primary and secondary sources. The results of the study show that the integration of the “I-You” concept in Catholic marriage affirms the husband-wife relationship as an encounter between subjects who are equal, dialogical, and reciprocal. This model places marriage as a responsibility for unity, a practice of dialogue for the bonum coniugum, and a communion that reaches its peak in a relationship with God, so that sacramental teachings are concretely realized in the dynamics of family life.

Janti Sudono; Tjang, Yanto Sandy; Laurentius Prasetyo; Mayong Andreas Acin

jurnal Riset Rumpun Agama dan Filsafat 2026 Pusat Riset dan Inovasi Nasional

Social change in the context of liquid modernity has significantly influenced how people understand interpersonal relationships, love, and commitment. Contemporary relationships tend to be flexible, temporary, and oriented towards the fulfillment of subjective needs, making loyalty and long-term commitment often viewed as a threat to personal autonomy. Based on Zygmunt Bauman's analysis of liquid modernity and liquid love, this study examines the crisis of modern relationships as an anthropological and theological crisis of meaning. Specifically, the study focuses on the Nota Doktrinal Una Caro as the Catholic Church's theological response to these relational dynamics. Using a library research method with a qualitative and analytical-hermeneutical approach, this study interprets magisterial texts in critical dialogue with the sociological theory of liquid modernity. The research findings show that the Nota Doktrinal Una Caro offers an integrated anthropological-theological vision by affirming Catholic marriage as a permanent, monogamous, and indissoluble communion of life and love. Fidelity is understood as the highest actualization of freedom, while sexuality is seen as an expression of total self-giving, offering an alternative to the fragmentation of modern relationships. The study also emphasizes the importance of a dialogical and formative approach in family counseling.

Emiliana Sari Padi; Darius Mauritsius; Petornius Damat

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

One of the long-standing marriage traditions in the Ende community is the ana ale marriage tradition. Ana ale marriage is a form of marriage based on an agreement between the parents of the man and woman, as well as a long-established good relationship between both parents. This research was conducted in Tiwu Tewa Village, Ende Timur District, Ende Regency. This research aims to understand the fundamental values contained in marriage as viewed from customary law, the process of implementation and its legitimacy, as well as the obstacles in the implementation of the ana ale marriage. The method used is empirical legal research with a qualitative approach, which includes interviews and literature study. The research results show that the fundamental values contained in the ana ale marriage, as viewed from customary law, consist of sacred and spiritual values, responsibility and commitment values, social and mutual assistance values, and adherence to customs. The process of implementing the ana ale marriage includes Ru’u Tu Jaga Rara, Janji, Puzi Ru’u, Teo Zambu, Bou Engga, Mai Tu Gega Padha, Tu Ngawi, Teke Ngara, Dari Nikah, Tu Ana. Meanwhile, the marriage is considered valid at the Tu Ana ceremony. The obstacles faced in the ana ale marriage include economic factors and the occurrence of clandestine marriages by the female party.

Rizqi Ramadhan; Nuril Khasyi’in

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

Mohammad Hifni; Winda Putri Julianah; Chindy Nurul Fadilah; Muhammad Solihin; Wira Pratama

Jurnal Hasil Kegiatan Bersama Masyarakat 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Early marriage is a social and legal issue that still frequently occurs in Indonesia and has significant impacts on health, education, and socio-economic aspects. Although the minimum age for marriage has been regulated under Undang-Undang Nomor 16 Tahun 2019 tentang Perkawinan, the practice of early marriage remains prevalent due to low legal awareness, as well as economic, cultural, and social environmental factors. This community service activity aims to increase adolescents’ understanding and legal awareness regarding the impacts and prevention of early marriage. The method used is legal counseling with an educative and participatory approach targeting adolescents aged 15–18 years. The results indicate a significant improvement in participants’ understanding of legal regulations, the negative impacts of early marriage, and the importance of delaying marriage age. Furthermore, there is a positive change in participants’ attitudes, with a greater focus on education and future planning. Therefore, legal counseling proves to be an effective preventive effort in reducing the rate of early marriage among adolescents.

Muhammad Rizky Aditia Nugraha

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The position of children in marriage plays an important role in family law because it is related to the legal status and fulfillment of children's civil rights. Differences in regulations regarding legitimate children and children born out of wedlock in Indonesian positive law create legal uncertainty, particularly regarding civil relations with biological fathers. This study aims to analyze the legal status of legitimate children and illegitimate children and the changes in the legal paradigm following Constitutional Court Decision Number 46/PUU-VII/2010. This study uses normative legal methods with a statutory and conceptual approach. The results show that before the Constitutional Court decision, illegitimate children only had a civil relationship with their mother and their mother's family, whereas after the decision, illegitimate children can have a civil relationship with their biological father as long as the blood relationship can be legally proven. This decision confirms legal reform efforts to guarantee protection and legal certainty for children without discrimination based on birth status.

Tamaulina Br. Sembiring; Dewi Fortuna Manulang; Luthfia Azahra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Indonesian law, marriage is a legal act that has legal consequences for the personal status, assets, and rights and obligations of husband and wife. Therefore, marriage requires the free and conscious will of both prospective bride and groom as the basis for the birth of a valid legal relationship. This study examines the importance of getting to know your partner before getting married from a legal perspective, especially as a form of preventive legal protection in marriage law. This research uses a normative juridical method with a statutory approach and a conceptual approach through literature study of statutory regulations, legal doctrine and relevant scientific literature. The research results show that although Indonesian positive law does not yet explicitly regulate the obligation to get to know one's partner before marriage, the objectives of the Marriage Law, the principle of consensualism, and pre-marital guidance policies reflect the importance of the prospective bride and groom's substantive readiness. This readiness is related to understanding the rights and obligations in marriage as well as the legal consequences that accompany them. Thus, getting to know partners before marriage has legal relevance as an effort to prevent disputes, divorce and family disputes, as well as strengthening legal protection for husbands, wives and children in the institution of marriage.  

Fx. Sugiyana; Ignatia Epifani

jurnal Riset Rumpun Agama dan Filsafat 2026 Pusat Riset dan Inovasi Nasional

The childfree phenomenon, the decision of married couples not to have children, is gaining increasing attention among young people, including within the Catholic Church. This choice arises in response to various modern factors, such as economic considerations, careers, personal freedom, and changing views on the meaning of family. This study aims to explore the views of young Catholics in the Semarang Vicarage on the childfree phenomenon and analyze them in light of the Catholic Church's teachings on marriage, which place procreation and education as one of the essential purposes of marriage. The study used a mixed-methods approach through the distribution of quantitative surveys and in-depth qualitative interviews. The results indicate a tension between the modern values ​​adopted by young people and the Catholic Church's teachings on openness to life. This phenomenon poses a serious pastoral challenge, particularly regarding the regeneration of the congregation and the sustainability of church life. Therefore, the Church is expected to formulate a more dialogical, contextual, and inclusive pastoral approach in accompanying young people to remain faithful to the Church's teachings without ignoring the social realities they face.

Achmad Rizky Airlangga; Faiq Muhammad Zufar; Syahputra Aditya Kusrin Surbakti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The authority of the Religious Courts in Indonesia has undergone substantial transformation since the enactment of the 1974 Marriage Law, which serves as a foundational milestone in harmonizing the national legal system on family matters. Prior to this legislation, the jurisdiction of the Religious Courts was limited and influenced by legal dualism among customary law, Islamic law, and Western civil law inherited from the colonial period. This article examines how the Marriage Law initiated a shift in the structure and legitimacy of the Religious Courts and how their jurisdictional expansion reached a more comprehensive form through Law No. 7 of 1989 on Religious Courts and its subsequent amendments under Law No. 3 of 2006 and Law No. 50 of 2009. Using a normative juridical approach, this study analyzes statutory regulations, academic literature, and Islamic legal doctrines. The findings show that the Marriage Law provided the initial legal foundation for strengthening the Religious Courts' authority in handling family disputes, which was later expanded significantly to include inheritance, wills, grants, endowments (wakaf), alms (zakat), charitable donations (infaq and sadaqah), and Islamic economic matters during the legal reform era. This transformation not only reinforced the institutional structure of the Religious Courts but also improved access to justice for Muslim communities and supported the integration of Islamic law into Indonesia’s national legal framework. Therefore, the development of the Religious Courts’ authority after the Marriage Law reflects the dynamic modernization of the legal system and the harmonization between religious values and the rule of law in Indonesia.

Yuliana; Budi Prasetyo

Jurnal Akta Notaris 2025 Program Studi Magister Kenotariatan Fakultas Hukum UNTAG Semarang

Perkawinan campuran adalah pernikahan yang terjadi antara dua individu dengan kewarganegaraan yang berbeda. Dalam konteks hukum di Indonesia, perkawinan campuran diatur dalam Pasal 57 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan, yang menyatakan bahwa perkawinan antara warga negara Indonesia (WNI) dan warga negara asing (WNA) harus memenuhi ketentuan hukum masing-masing negara. Penelitian ini menganalisis perlindungan hukum bagi warga negara asing (WNA) dalam perkawinan campuran, dengan fokus pada Putusan Pengadilan Negeri Jakarta Selatan Nomor 526/PDT.G/2012/PN.Jkt.Sel. Penelitian ini dilatarbelakangi oleh meningkatnya kasus perkawinan campuran yang menimbulkan berbagai permasalahan hukum, terutama terkait hak-hak WNA. Rumusan masalah yang dikaji adalah 1) Bagaimana Aturan Hukum Perjanjian Perkawinan terhadap Perkawinan Campuran di Indonesia. 2) Bagaimana Perlindungan Hukum Bagi Warga Negara Asing Dalam Perkawinan Campuran pada Putusan Pengadilan Nomor 526/PDT/G/2012/PN.Jkt Sel, 3) Bagaimana Implikasi dari Putusan Tersebut dalam Praktik Pembuatan Perjanjian Perkawinan dengan Warga Negara Asing. Metode Penelitian yang digunakan adalah yuridis normatif, Spesifikasi penelitian yang digunakan adalah deskriptif analitis. Data yang dikumpulkan berupa data Sekunder dan metode analisis data menggunakan analisis kualitatif.

Fiola Amabel Yohana Sinaga; Susilowati Suparto; Hazar Kusmayanti

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

This study examines the legal protection of children born from Toba Batak customary marriages that are not officially registered by the state. In Toba Batak customary law, a marriage is considered valid after all traditional ceremonies have been carried out, so that the child is recognized by the father's clan and social status within the customary community. However, state law requires marriage registration to ensure the certainty of the parents' legal status and the fulfillment of the child's civil rights. The absence of marriage registration has legal consequences in the form of limited recognition of the civil relationship between the child and the father, which impacts identity registration, access to public administration services, and the fulfillment of inheritance rights. This study uses a normative juridical method with analytical descriptive specifications through a review of laws and regulations, legal literature, and court decisions. The results show that preventive legal protection is realized through marriage registration to guarantee the child's right to identity. Meanwhile, repressive legal protection can be achieved through court decisions supported by valid evidence to confirm the child's legal status and ensure the fulfillment of their basic rights.

Diva Raniza; M. Indra Pratama; Roger Alfiano; Rizha Claudilla Putri

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

This paper explores the involvement of International Civil Law in the implications of foreign divorce on land rights by paying attention to the principles contained in International Civil Law. In terms of writing, the author will analyze Decision No. 19/Pdt.G/2014/PN.Sgr. as a review of facts that will be analyzed in accordance with the scope of International Civil Law using relevant research methods. The author reviews that the research method used to compile this writing is juridical-normative based on the applicable laws and regulations and in accordance with what is the subject of discussion. In addition, this paper also pays attention to the theory of legal protection by Philipus M. Hadjon and the principles contained in International Civil Law as supporting aspects in the preparation of this analysis. To strengthen the argument, the author also compares several provisions related to the status of land ownership by foreign parties and the application of pre-marriage agreements as an alternative settlement. The final result of this writing will highlight the correctness of the judge's decision based on the author's analysis and provide suggestions that are considered relevant as solutions that can be offered.

Yuwita Despriyantie

Damai : Jurnal Pendidikan Agama Kristen dan Filsafat 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study examines how Christian marriage is represented in the modern era through theological, symbolic, and contextual perspectives. Although Christian marriage is traditionally understood as a sacred covenant emphasizing unity, fidelity, and permanence, contemporary social realities reveal shifts in how Christians interpret and express marital life. Economic pressures, evolving family roles, digital communication patterns, and cultural influences shape the modern experience of marriage. Using a descriptive qualitative approach through literature-based research, this study analyzes the theological foundations, ritual symbols, and contextual factors that influence changes in the representation of Christian marriage today. The findings indicate that while the core theological essence of Christian marriage remains, its practical expressions undergo adaptation to remain relevant within modern life. Symbols such as wedding rings, marital vows, and liturgical blessings continue to convey theological meaning, while premarital education and pastoral support play a crucial role in strengthening marital stability. The study highlights the need for a contextual and integrative ecclesial approach that responds to the realities faced by Christian couples in contemporary society.    

F. Christa Natalia; Intansakti Pius X

Pengharapan : Jurnal Pendidikan dan Pemuridan Kristen dan Katolik 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to explore the symbolic meaning of the siraman ceremony in Javanese culture and interpret its values ​​in light of the Catholic faith, particularly regarding the sanctity and blessings of the sacrament of marriage. The siraman tradition is understood not merely as a cultural ritual, but as a process of physical and spiritual purification imbued with spiritual symbolism, such as the use of water from seven springs and the granting of parental blessings. This study uses a qualitative approach with a literature review method through analysis of Church documents, Javanese anthropological literature, and relevant research. The results indicate that the meaning of purification in siraman is closely related to the symbolism of baptismal water in the Catholic tradition, while the prayer of parental blessing aligns with the concept of blessing as a manifestation of God's grace in the family. Through the inculturation perspective emphasized in Gaudium et Spes and Ecclesia in Asia, siraman can be understood as a form of harmonious dialogue between faith and culture without compromising the purity of Church teachings. This study concludes that the siraman ceremony can enrich the experience of the sacrament of marriage for Javanese Catholics, while strengthening their identity as individuals of faith and culture.

Naila Nurazizah; Ahmad Ashfannawa Fauza; Ismi Arinal Mufidati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Cross-national marriages between Indonesian citizens and foreign nationals generate complex legal issues concerning land ownership and citizenship. The Basic Agrarian Law (UUPA) and Citizenship Law No. 12 of 2006 have yet to harmonize their provisions regarding property rights within mixed-nationality marriages. This study aims to analyze the interrelation between land law and citizenship in cross-national marriages and evaluate their legal certainty. The research employs a normative-empirical approach by reviewing statutory regulations, case law, and interviews with land officials. The findings reveal a normative conflict between the prohibition of land ownership by foreign nationals and the constitutional right of Indonesian citizens married to foreigners to acquire joint property rights. Such disharmony leads to legal uncertainty and potential violations of property rights. The study concludes that reforming Indonesia’s land and citizenship law is crucial to accommodate international marriage dynamics and ensure legal certainty for all citizens.

Niken Retno Wulandari

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the basis of Indonesian society’s obligation to comply with the Marriage Law (UUP) as a manifestation of obedience to both state law and religious teachings. The study arises from the reality that, despite the UUP and the Compilation of Islamic Law (KHI) serving as the legal foundation for marriage in Indonesia, many still violate its provisions, such as through unregistered (siri) marriages. Using a normative juridical approach and qualitative descriptive analysis, this research examines the juridical, philosophical, and sociological foundations of legal obedience to the UUP and its implications for family and social life. The findings show that juridically, obedience to the UUP is grounded in the principle of legality and state sovereignty; philosophically, it reflects the values of Divinity and Humanity embodied in Pancasila; and sociologically, it functions as social engineering to protect women and children while ensuring social order. Compliance with the UUP therefore holds not only legal but also moral and spiritual significance, serving as a means to achieve harmonious families, social order, and a just nation.

Evelyn Hatiku; Syifa Hauna Nur Syahidah; Muhammad Oriza Pradana

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the complex issue of citizenship in interfaith marriages within Indonesia’s legal and human rights framework. The problem arises from the absence of explicit provisions in national law regarding the civil registration and citizenship consequences of marriages between individuals of different religions. This legal ambiguity often results in unequal recognition, difficulties in registering children’s citizenship, and broader implications for the right to identity. The research aims to analyze how Indonesian marriage law, administrative population law, and judicial interpretations interact with international and constitutional human rights principles. Using a normative juridical method combined with case study analysis and doctrinal review, this study identifies legal inconsistencies between national regulations and the principle of non-discrimination guaranteed under human rights law. The findings indicate that judicial practices, such as post-SEMA No. 2 of 2023 rulings, show a gradual shift toward balancing legal certainty with human rights protection, although disparities persist across jurisdictions. The study concludes that reform is required to clarify the status of interfaith marriages and to protect the citizenship rights of all parties involved, including children. It recommends that legislators harmonize marriage and citizenship laws with constitutional mandates and human rights instruments to ensure equality before the law, legal certainty, and respect for individual freedoms.

Nona, Tryepina Paulina; Suwul, Karolina

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The contemporary digital era has triggered the normalization of pornography and promiscuous sexual behavior, which significantly threatens the theological understanding and sacramental practice of Catholic marriage among young adults. This article aims to examine, from a theological-juridical perspective, how canons 1055–1101 of the Code of Canon Law (CIC) serve as the authoritative foundation for the Church in safeguarding the dignity and validity of the sacrament of marriage. The method employed is a comprehensive literature study of the CIC, relevant magisterial documents of the Church, and contemporary scholarly works on the dynamics of young adult relationships. The concise findings indicate that exposure to and normalization of pornography directly weaken three fundamental aspects of Catholic marriage, namely the capacity to give free consent, the intention to practice permanent fidelity, and the correct understanding of the body’s meaning as a total self-gift. Nevertheless, the Church possesses solid canonical and pastoral instruments to address these challenges and facilitate restoration. In conclusion, a synergistic integration of canonical approaches, moral teachings, and pastoral guidance is required to assist young adult couples so that they may realize marriages that are not only canonically valid but also psychologically mature and sacramentally holy.

Elisabeth Yecilda Woga; Fransiska Masandai Jawan; Patrisia Rera Bato

Sukacita : Jurnal Pendidikan Iman Kristen 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to analyze the role of catechesis in preparing couples for marriage in the Catholic Church comprehensively, encompassing theological, spiritual, mental, and emotional dimensions. The background of this study is based on the phenomenon that some couples still enter into marriage without adequate faith preparation, thus implicating a low understanding of the meaning of the sacrament of marriage as a holy and inseparable life partnership. The research method used is a quantitative approach with a Likert-scale questionnaire as the data collection technique. The research instrument was compiled based on three main indicators, namely understanding the teachings of the sacrament, family function, and church life. Data were analyzed descriptively to measure respondents' perceptions of the effectiveness of catechesis in preparing for Catholic marriage. The results showed that the role of catechesis obtained a high average score of 37.34, with 83.87% of respondents in the strongly agree category. This indicates that catechesis plays a significant role in shaping the spiritual and psychological readiness of prospective couples. The implications of this research confirm that catechesis does not only function as a process of teaching faith, but also as an integral pastoral tool in building Catholic families based on love, loyalty, and Christian responsibility, and contributes to strengthening the faith of the church community. .