Perceraian dalam perkawinan beda agama yang pelaksanaan perkawinannya di luar Indonesia antara wni dengan wna

Aprillia, Wianda (2022) Perceraian dalam perkawinan beda agama yang pelaksanaan perkawinannya di luar Indonesia antara wni dengan wna. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Marriage is the binding of sacred promises between a woman and a man, usually based on feelings of love, who will later become husband and wife. The existence of Marriage Law UU No. 1 of 1974 and other regulations relating to marriage, such as Population Administration UU No. 23 of 2006, opens the mind to the fact that marriage is an act whose scope is complex, and rules are required to regulate, limit, and oversee its continuity. Article 2 of Marriage Law UU No. 1 of 1974 states, "Marriage is legal if it is carried out in accordance with the laws of each religion and belief." However, do not rule out the possibility that the potential partner has religious differences. Because human love is universal, it is not impossible for interracial marriages to occur. This marriage is known as a mixed marriage in Indonesia. Aside from that, marriage is not easy and does not guarantee that it will last a lifetime. Some people's marriages are unhappy, resulting in fights and divorce. Decision Number: 374/Pdt.G/2021/PN Dps, is material for analysis regarding divorce in interfaith marriages where marriages are performed outside Indonesia between Indonesian citizens and foreigners. Because of the presence of foreign elements, this decision is also related to International Private Law. However, there is still uncertainty in the regulation and application of the determination of marriage validity, particularly in terms of registering marriages and enforcing Private International Law. This study employs normative-empirical legal research with a focus on legal systems, case law, and conceptualization. The findings of this study indicate that the registration of marriages performed outside of Indonesia does not require a court decision, and the stages of divorce settlement are carried out by identifying the scope, theory, principles, and link points of the Private International Law, which are analyzed according to jurisdiction. As a result, it is possible to conclude that the marriage is valid and that the Denpasar District Court has the authority to hear and decide on cases involving International Private Law.

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