PERTIMBANGAN HAKIM DALAM PENETAPANudPERKAWINAN BEDA AGAMAud(Analisis Putusan No. 109/Pdt.P/2014/PN.SKA)

摘要

ABSTRACTudErma Dewi Rarasati. NIM. C. 100100017. Consideration Judge In DifferentudReligious Marriage Determination (Analysis of Decision No. 109 / Pdt.P / 2014 /udPN.SKA). Faculty of Law. Muhammadiyah University of Surakarta. 2015.udThe purpose of this study was to analyze the consideration of judges in imposingudthe determination of the interfaith marriage license application in SurakartaudDistrict Court judges as well as to analyze consideration in the determination ofudthe interfaith marriage license application in terms of Act No. 1 of 1974 onudMarriage. This research is a normative juridical research, the study examines howudlaw that promotes library materials or materials called secondary data, in the formudof positive law and how its implementation in practice. Source data usingudsecondary data from Surakarta District Court. Data were analyzed usingudqualitative analysis. The results showed that: (1) Consideration of Justice inudMaking a Marriage License Application Determination Against ReligiousudDifferences in Surakarta District Court is a) Social aspects: marriage is theudbehavior of the One God's creatures in the life of the natural world in order toudbreed, based on humanity; b) Juridical Aspects: The jurisprudence of the SupremeudCourt of the Republic of Indonesia dated January 20, 1989 registers Numberud1400K / Pdt / 1986, explaining that religious differences for the prospectiveudhusband and wife are not forbidden for them to carry out the marriage; (2)udConsideration of Judges in the Marriage License Application DeterminationudAgainst Religious Differences Seen from Law No. 1 of 1974 on Marriage isudbecause Act No. 1 of 1974 on Marriage in particular Article 66 which states: "Forudthe marriage and everything related to the marriage based on this Act, then by theudenactment of this Act the provisions set out in the Code of Civil Law (burgelijkudWetboek), Indonesia Christian Marriage Ordinance (Huwelijk OrdanantieudIndonesia Christen 74 1933, Mixed Marriage Regulations ( Regeling op gemengudde Huwelijken S.1898 No. 158), and other regulations governing marriage so farudbeen regulated in this Law, declared null and void ".udKeywords: interfaith marriage, marriage law