The Standing of Inter-Religious Marriage Based on Surakarta District Court Decree According to Compilation of Islamic Law Number 1 of 1974 about Marriage

Abstract

This paper aimed to find out and to analyze the standing of inter-religious marriage based on the Surakarta district court decree according to the Compilation of Islamic law number 1 of 1974 about marriage. This study was categorized as an empirical legal study. An empirical legal study is a study utilizing the empirical fact taken from the human behavior, at the beginning of the study, the secondary data is studied and then is continued by the study on the primary data in the field or towards the community. The result of the study showed that there was a deviation on the parties who did inter-religious marriage and it was considered as illegal. The parties insisted to perform the marriage by filing a request to the District Court of Surakarta. The district court of Surakarta granted the request to fill the legal gap. The decree is based on the jurisprudence. That decree commanded the Population and Civil Registration Agency to perform and record the marriage, however, in this case, the Population and Civil Registration Agency did not possess legal right to marry off the parties, its right is only to record, so the Population and Civil Registration Agency of Surakarta was only allowed to record the permission of marriage decreed by the District Court.