Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE 2021, March 6th 2021, Jakarta, Indonesia

Research Article

Settlement of Divorce Lawsuit Due to Conversion is Reviewed from Religious Court Authority

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  • @INPROCEEDINGS{10.4108/eai.6-3-2021.2306472,
        author={Ida  Nursaadah and Zudan Arief Fakrulloh},
        title={Settlement of Divorce Lawsuit Due to Conversion is Reviewed from Religious Court Authority},
        proceedings={Proceedings of the 1st International Conference on Law, Social Science, Economics, and Education, ICLSSEE  2021, March 6th 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSEE},
        year={2021},
        month={5},
        keywords={divorce lawsuit; convert; authority; religious court},
        doi={10.4108/eai.6-3-2021.2306472}
    }
    
  • Ida Nursaadah
    Zudan Arief Fakrulloh
    Year: 2021
    Settlement of Divorce Lawsuit Due to Conversion is Reviewed from Religious Court Authority
    ICLSSEE
    EAI
    DOI: 10.4108/eai.6-3-2021.2306472
Ida Nursaadah1,*, Zudan Arief Fakrulloh1
  • 1: Borobudur University
*Contact email: idaunbor@gmail.com

Abstract

Divorce is a break in the marriage bond between the two parties, namely husband and wife because of a broken family relationship disharmony. Many factors lead to divorce. One of the factors that cause divorce is because one of the partners has changed religions, so it is not possible to maintain the household because they want to maintain their respective beliefs. Even though according to the constitution, religious belief is the most basic human right, it needs to be respected by anyone. From the point of view of the interests of education, mental and religious development of children, it will be more beneficial to be under the guidance of a single parent than under two opposing faiths. The provisions regulating marriage in Indonesia are Law Number 1 of 1974 concerning Marriage which has been amended by Law Number 16 of 2019. Meanwhile regarding the authority of the Religious Courts based on Law Number 7 of 1989 concerning the Religious Courts which have been amended by Law Number 3 of 2006 and the second amendment to Law Number 50 of 2009. This study examines and answers problems regarding the authority and legal basis that can be used by the Religious Courts to settle a lawsuit for divorce because one party has changed religions. This research is descriptive normative legal research. The approach used is statutory and conceptual.