ANALISIS PENETAPAN PENGADILAN NEGERI JAKARTA UTARA NO.423/Pdt.P/2023/PN JKT.UTR TENTANG PERIZINAN PENCATATAN PERKAWINAN BEDA AGAMA

Abstract

Interfaith marriage in Indonesia remains a controversial issue, debated from both religious and national law perspectives. As a country with a predominantly Muslim population, Indonesia strictly regulates marriage, particularly for couples of different religions. Religious law requires marriages to be conducted according to the teachings of each religion, which generally does not recognize interfaith marriage as valid. This situation creates legal tension between two key regulations: Marriage Law No. 1 of 1974 and Population Administration Law No. 23 of 2006, which often conflict in practice. This study examines these conflicting norms using the principle of preference, which determines which legal rule should prevail when inconsistencies arise. Employing a normative legal and conceptual approach, the research analyzes statutory provisions, including the Marriage Law and the Population Administration Law, as well as other relevant regulations governing interfaith marriage. This approach aims to understand how legal norms operate and address conflicts within societal practice. The findings indicate that the principle of preference plays a crucial role in resolving normative conflicts, particularly when there is uncertainty in the hierarchy of laws. Despite court decisions that may create limited legal space for interfaith marriages, the principles of lex superior derogat legi inferiori and lex specialis derogat legi generali should remain the primary reference. Accordingly, the Marriage Law, as a higher and more specific regulation, takes precedence over the Population Administration Law in determining the validity of marriage.