| Summary: | This research on implementation of marriage among the believers without a religious affiliation is a normative study of law, covering research into the legal norms and principles. It is classified as research on legal norms and principles bermise it will study the legal and principles in marital law, the various legal definitions of marriage andjurisprudence related to marriage among the believers without a religious affiliation.
The results of this research indicated that, before the enactment of Marriage Act, 1, 1974 in the Province of Central Java, marriage among believers without a religious affiliation who do not adhere themselves to certain religious was made possible by having their marriage registered at the Civil Registration Office. The legal basis for such a marriage was Regulation of Civil Registration for Non-Christian Indonesian in Java and Madura of S.1920-751.
Upon the enactment of Marriage Act, 1, 1974 up to 1987 such a marriage among believers without a religious affiliation was still possible by having their marriage registered at the Civil Registration Office. The legal basis for such a marriage was the Decision of the Minister of Home Affairs number 221 a of 1975 and endorsed by the Letter of the Governor of Central Java number SPG/1018/4/1/1979. The procedures of marriage must be followed in accordance -with customary law (Javanese customary law) and subsequently the parties involved have their marriage registered at Civil Registration Office.
Since December, 1987, the Civil Registration Office throughout the Province of Central Java no longer deals with the registration of marriage among believers without a religious affiliation not adhering to any religion because they shall formally process their marriage in accordance with religious law. Such a requirement has been staled in the Lc:lter of the Governor number 477/33311/1987 which, among other things, have confirmed that 'the recording of marriage among believers without a religious affiliation shall proceed in accordance with the religion to which they adhere"
In addition, there has been lack of uniformity in the requirements for the recording of marriage among believers without a religious affiliation, Le:
I. TheLetler of the Minister of Religion number MA/650/1979 and the Letter of the Attorney General number R-489/D.1/6/1983 have respectively declared that such a marriage is unacceptable and prohibited . 2. The Letter of the Supreme Court number KMA/72fiV/1981 and the Letter of the Minister of Home Affairs number 477/74054/1978 have respectively declared that a marriage among believers without a religious affiliation is permitted.
Furthermore, there have been differences of opinions between Religious Scholars, Judges, Attorneys and Officials of Civil Registration Office regarding the legality of a marriage among believers without a religious affiliation who registered at the Civiivil Registration Office only. On the one hand, some authorities regarded a marriage which is only registered at the Civil Registration Office without have been followed by procedures in accordance with religious law as illegal because such a marriage failed to meet the requirements of Article 2, sub-article (1) of the Marriage Act, 1, 1974. On the other hand, some authorities regarded such a marriage is legal.
Such circumstances have been regarded by the believers without religious affiliation who do not adhere to any religion as an attempt to hinder marriage proceedings because they felt that such a marriage has already adequately followed proper procedures.
For the time being, the efforts taken by believers without religious affiliation who do not adhere to any religion to process their marriage are:
1. Abiding by a religion in order that they may have their marriage registered.
2. Submitting a request to the District Court (Pengadilan Negeri). When the request to proceed with the marriage in accordance with the non-religion-affiliated belief is given consent by the Court, the Court will order the Civil Registration Office to registered the marriage.
In order to assure legal security and to overcome problems in the proceedings and the recording of a marriage among believers without religious affiliation, it is necessary to have a special regulation established in the form of a law regulating the proceedings and the recording of a marriage among the believers without religious affiliation.
Key words: marriage among believers without religious affiliation -procedures -- legality -- marriage regulations
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