Research Article
The implication of the Indonesian Constitutional Court Decision No.68/PUU/XII/2014 on Evasion of Law of Interfaith Marriage Under Islamic Law
@INPROCEEDINGS{10.4108/eai.10-9-2019.2289456, author={Islamiyati Islamiyati and Ro’fah Setyowati}, title={The implication of the Indonesian Constitutional Court Decision No.68/PUU/XII/2014 on Evasion of Law of Interfaith Marriage Under Islamic Law}, proceedings={The First International Conference On Islamic Development Studies 2019, ICIDS 2019, 10 September 2019, Bandar Lampung, Indonesia}, publisher={EAI}, proceedings_a={ICIDS}, year={2019}, month={11}, keywords={constitutional court decision no 68/puu/xii/2014 evasion of law interfaith marriage islamic law}, doi={10.4108/eai.10-9-2019.2289456} }- Islamiyati Islamiyati
Ro’fah Setyowati
Year: 2019
The implication of the Indonesian Constitutional Court Decision No.68/PUU/XII/2014 on Evasion of Law of Interfaith Marriage Under Islamic Law
ICIDS
EAI
DOI: 10.4108/eai.10-9-2019.2289456
Abstract
Indications of misunderstanding in interpreting Article 2 Paragraph (1) of the Marriage Law have raised an idea to legalize interfaith marriage due to many evasions of law happening. This is the legal basis for the decisions of Constitutional Court No.68/PUU/XII/2014. This study aims to analyze judge's legal consideration in the Constitutional Court decision No.68/PUU/XII/2014 in setting refusal to a petition for a judicial review of Article 2 Paragraph (1) of the Marriage Law and its juridical implications on the evasion of the law of interfaith marriage in Islamic law perspective. The study is a doctrinal one with the decision No.68/PUU/XII/2014 as the primary analysis. The approach employs juridical normative, and the sources of data consist of primary and secondary data. The research specification is descriptive analysis, and the data are analyzed qualitatively. The results show that the judge's legal consideration in refusing the petition for judicial review of Article 2 Paragraph (1) of the Marriage Law against the 1945 Republic Indonesia constitution because the petitioner's postulate contradicts the principles of Divinity, moral value, religion, and Islamic law marriage principles. The juridical implications of the decision have become the foundation that evasion of the law of interfaith marriage is unconstitutional. The decision has engaged in reformulating Islamic law in the form of strengthening obedience for every Muslim on teachings of The Deity.
