Perkawinan Campuran Dan Sesama Jenis Dalam Perspektif Hukum Perkawinan Di Indonesia

Publish : 04 Oktober 2016 Fakultas : Keguruan & Ilmu Pendidikan

Mixed marriages in Indonesia were initially reguleted through GHR S. 1898-158, which enabled the mixed marriages of candidate husbands/wives who possessed certain differences. Thus,the regulation was withdrawn through the introduction of Law Number 1 of 1974 regarding marriages. Regarding mixed marriages, in accordance with Article 57, the allowed mixed marriages were the one which candidate husbands/wives who possessing different nationalities, and of which the marriages were performed in Indonesia. When the difference of the candidate husband or wife lies in their respective religion, then the marriage would still be possible to be established outside Indonesia provided it is allowed in that particular country and as long as the Indonesian citizen taking part in that marriage does not transgress any marriage laws in Indonesia. A marriage between people with different denominations is allowed in Indonesia.

If the registering of the marriage is regarded as the finalization of the legal validity of a marriage, than the marriage of people with different denominations/religion performed outside Indonesia should not be allowed to be registrated in Indonesia. The marriage of persons of the same gender (such a between homosexuals and lesbians) in Indonesia, not only being not yet popular, even the existence of such a relationship is regarded as being sinful and degrading. The prediction in the future, in Indonesia, based on the legal norms of the Indonesian Constitution- UUD of 1945 Article 27 (1) likewise Article 28B (1) and 28I (5), should be taken into consideration for establishing a sexual relationship with the purpose of creating a family through marriage regulations, taking into account that no one whosoever in this world wants an likes to be destined as a human being possessing an deviation.

Author: Prof.Dr. I Ketut Oka Setiawan, SH. MH. SpN
Keywords: perkawinan campuran, perkawinan sesama jenis
Issue Date: September 2010
Publisher: Jurnal Hukum "Themis"
Series / Report no: Vol. IV No. 1
ISSN: 1907-8307
Appears in Collections: FH- Universitas Pancasila