Akibat Hukum Perkawinan Beda Agama dalam Pandangan Gereja Katolik Dihubungkan dengan Undang-Undang No. 16 Tahun 2019 Tentang Perubahan Undang-Undang No. 1 Tahun 1974 Tentang Perkawinan

Abstract

Interfaith marriages in Indonesia often give rise to debates and complex legal issues concerning the rights and responsibilities of spouses, the status and rights of children, the division of joint assets, and the dynamics of life within such marriages. In this context, this research aims to analyze the legal implications of interfaith marriages from the perspective of the Catholic Church and how marriage laws in a country accommodate this perspective. Specifically, this study explores the regulation of interfaith marriages in the Marriage Law and the provisions of the 1983 Code of Canon Law (CIC) and examines the mechanisms for registering interfaith marriages in positive law and in Canon Law. Furthermore, it explores also how the legal consequences of interfaith marriages, as viewed by the Catholic Church, relate to Law No. 1 of 1974 on Marriage and the 1983 Code of Canon Law. The research method used is the juridical-normative method of library research and legislative analysis. The primary sources of data for this study are legal regulations and the 1983 Code of Canon Law. Data analysis is conducted qualitatively. The conclusions drawn from this research reveal several key findings. First, in the Indonesian context, the regulation of interfaith marriages refers to the Marriage Law, while for Catholics, it also encompasses the provisions of the 1983 Code of Canon Law. Second, the mechanisms governing the registration of interfaith marriages are specified in the "Regeling op de Gemengde Huwelijken" (Regulation on Mixed Marriages), Staatsblad 1898 No. 158, as well as within the 1983 Code of Canon Law. Most recently, following the issuance of SEMA No. 2 of 2023, interfaith marriages are now prohibited from being conducted and registered. Third, it is important to note that interfaith marriages have complex legal implications. These consequences encompass the rights of the spouses, including rights to joint assets, rights concerning children, and the validity of interfaith marriages.