2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages

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Format: General Document
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country Malaysia
date 2024-05-23
format General Document
id 16202
institution UniSZA
originalfilename ADMINISTRATIVE REGULATIONS ON MARRIAGE IN LOMBOK, INDONESIA_ A STUDY OF INTERFAITH MARRIAGES (MASTER_2024).pdf
person Tengku Mahathir Mas’ud
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spelling 16202 https://intelek.unisza.edu.my/intelek/pages/view.php?ref=16202 https://intelek.unisza.edu.my/intelek/pages/search.php?search=!collection3 General Document Malaysia Library Staff (Top Management) Library Staff (Management) Library Staff (Support) Terengganu Faculty of Law & International Relations English application/pdf 1.5 Server storage Scanned document Universiti Sultan Zainal Abidin UniSZA Private Access Universiti Sultan Zainal Abidin SAMBox 3.0.10; modified using iTextSharp™ 5.5.10 ©2000-2016 iText Group NV (AGPL-version) Copyright©PWB2025 188 Social conditions 2024-05-23 ADMINISTRATIVE REGULATIONS ON MARRIAGE IN LOMBOK, INDONESIA_ A STUDY OF INTERFAITH MARRIAGES (MASTER_2024).pdf Tengku Mahathir Mas’ud Administrative Regulations Marriage Marriage law Interfaith marriage 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages One of the problems for countries with religious diversity like Indonesia is the rule of law regarding marriage based on a particular religion. Law No. 1 of 1974 on Marriage has not mentioned clearly whether interfaith marriages can be carried out. Thus, the process of administering marriage is important to determine the validity of such marriage regulated under Law No. 24 of 2013 on Administration Population. One of the regions in Indonesia, namely Lombok, has a diversity of religions due to the historical and social factors whereby Muslim communities’ live side by side with the Hindus. Interfaith marriages have been going on for a long time and are still continuing in Lombok. Therefore, this research was conducted to analyze the concept of interfaith marriage in Indonesia, the administrative rules and procedures for interfaith marriage in Lombok and provide suggestions for improving interfaith marriage administrative rules in Lombok. This study adopted non-doctrinal research. The primary data for this study were in the form of legal rules, decided court cases and interviews. The interviews utilized semi-structured questions with two Marriage Administration Officers of the Lombok Civil Registry Office, three interfaith marriage couples in Lombok, the Head Officer of Forum Kerukunan Umat Beragama (Religious Harmony Forum) and one member of the Forum. The secondary data were collected from books, journals, newspapers, reports and other sources. The collected data were then analyzed using the qualitative data analysis technique in order to achieve the research objectives. This study found that before Indonesia's independence, interfaith marriages had been carried out until today by virtue of Law No. 1 of 1974 on Marriage due to the vagueness of the law. On the other hand, the Compilation of Islamic Law of 1991 prohibits the practice of interfaith marriage within the jurisdiction of marriage in the Office of Religious Affairs. However, the practice of interfaith marriages can still be carried out on the basis of Supreme Court Decision No. 1400 K/Pdt/1986, and Law No. 39 of 1999 on Human Rights which regulates freedom of religion for every community member in Indonesia. This study also found out that the legal rules governing administrative law on interfaith marriages in Lombok are Law No. 23 of 2006 on Administration Population and the 1984 Deliberation. Unfortunately, such Deliberation does not become a nationally applicable legal principle nor become part of Indonesian law's statutory hierarchy. There is no clarity in marriage rules and legal procedures regarding interfaith marriages in Indonesia particularly in Lombok. Accordingly, it is necessary to have a judicial review of the marriage law and marriage administration, and enhance the results of the 1984 Deliberation into statutory regulations. Dissertations, Academic Thesis
spellingShingle 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages
state Terengganu
subject Social conditions
Marriage law
Interfaith marriage
Dissertations, Academic
summary One of the problems for countries with religious diversity like Indonesia is the rule of law regarding marriage based on a particular religion. Law No. 1 of 1974 on Marriage has not mentioned clearly whether interfaith marriages can be carried out. Thus, the process of administering marriage is important to determine the validity of such marriage regulated under Law No. 24 of 2013 on Administration Population. One of the regions in Indonesia, namely Lombok, has a diversity of religions due to the historical and social factors whereby Muslim communities’ live side by side with the Hindus. Interfaith marriages have been going on for a long time and are still continuing in Lombok. Therefore, this research was conducted to analyze the concept of interfaith marriage in Indonesia, the administrative rules and procedures for interfaith marriage in Lombok and provide suggestions for improving interfaith marriage administrative rules in Lombok. This study adopted non-doctrinal research. The primary data for this study were in the form of legal rules, decided court cases and interviews. The interviews utilized semi-structured questions with two Marriage Administration Officers of the Lombok Civil Registry Office, three interfaith marriage couples in Lombok, the Head Officer of Forum Kerukunan Umat Beragama (Religious Harmony Forum) and one member of the Forum. The secondary data were collected from books, journals, newspapers, reports and other sources. The collected data were then analyzed using the qualitative data analysis technique in order to achieve the research objectives. This study found that before Indonesia's independence, interfaith marriages had been carried out until today by virtue of Law No. 1 of 1974 on Marriage due to the vagueness of the law. On the other hand, the Compilation of Islamic Law of 1991 prohibits the practice of interfaith marriage within the jurisdiction of marriage in the Office of Religious Affairs. However, the practice of interfaith marriages can still be carried out on the basis of Supreme Court Decision No. 1400 K/Pdt/1986, and Law No. 39 of 1999 on Human Rights which regulates freedom of religion for every community member in Indonesia. This study also found out that the legal rules governing administrative law on interfaith marriages in Lombok are Law No. 23 of 2006 on Administration Population and the 1984 Deliberation. Unfortunately, such Deliberation does not become a nationally applicable legal principle nor become part of Indonesian law's statutory hierarchy. There is no clarity in marriage rules and legal procedures regarding interfaith marriages in Indonesia particularly in Lombok. Accordingly, it is necessary to have a judicial review of the marriage law and marriage administration, and enhance the results of the 1984 Deliberation into statutory regulations.
title 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages
title_full 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages
title_fullStr 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages
title_full_unstemmed 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages
title_short 2024_Administrative Regulations on Marriage in Lombok, Indonesia: A Study of Interfaith Marriages
title_sort 2024_administrative regulations on marriage in lombok, indonesia: a study of interfaith marriages