PELAKSANAAN PERKAWINAN BEDA AGAMA DAN AKIBAT HUKUMNYA DALAM HUBUNGANNYA DENGAN UNDANG - UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN

Abstract

A marriage is one of events which very important for each human life. The marriage which held according to the prevailed regulation will generate the consequence of law, for example, the lawful marriage, borne child become both existing property within marriage. According to Article 2 Law N o. 1 Period 1974 is mentined that: “A marriage is lawful, if it is being done accord to the jurisdiction of each religion”. If Law No. 1 Period 1974 be paid attention, there is no article regulating the divergent religion marriage. Even within article 8 the character – f is mentioned that: “Marriage is prohibited between two having relation which by their religion or other prevailed regulation is prohibited to marry”. Therefore, the divergent religion marriage shall be avoided; the author’s concept for this is government need to work along with religion fugures in consctructing their each member of religious. The research was done in Salatiga, the location is selected because as according to the progress of development and the city have caused the occured society integration from various areas, ethnics and religions within any activities of life. The research menthod which used in the research is Empirical Juridical, which is a research of law by the existing fact approach by performing an observation an research in field then to be studied and analyzed based on the rule of the related legislation as reference to resolve problems. The used data is primary data that is data which obtained from field directly by using questionnaire and interview, and also secondary data in the from of literature study. Data analysis which used is qualitative analysis that the conclusion drawing is deductively. The research result which obtained: 1). The divergent religion marriage was generally carried out by the parties, after submitting a petition to the local District Court and fuethermore based on the decision is registered on local Civil Notation marriage is not according to Islam law, so that article 8 Sub f Law No. 1 Period 1974 about marriage is no longer a barrier to be held the marriage that be bent down under Islam law, so that Civil Notation Office shall receiving and noting the marriage. 2). Marriage law is emphasizing the lawful of marriage on both elements, which are; the marriage should be performed as according to terms and procedures which determined by Law (State Law) and Religion Law. It is means if the marriage is only held according to the State Regulation Stipulation without pay attention the regulation stipulations of the marriage is invalid, nevertheless conversely. Any reasons which told and however the way is done, and then as according to Article 2 clouse (1) the Marriage Law No. 1 Period 1974 of the divergent religion marriage does not be agreed and invalid.