Indrayanti, Kadek Wiwik (2016) Penetapan Dan Pencatatan Perkawinan Beda Agama Di Indonesia Yang Berkeadilan Dan Berkemanusiaan. Jurnal Cakrawala Hukum, 7 (2). pp. 195-205. ISSN ISSN P: 2356-4962 ; ISSN E: 2598-6538

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Abstract

The rights of citizens who carry out the marriage of different religions in Indonesia have not been fully
protected because Law No. 1 of 1974 on Marriage has not been explicitly regulated. While the data show
couples who make marriages of different religions continue to increase. This writing aims to analyze the
marriage of different religions from the perspective of human rights and the solution that must be done by the
state apparatus to give recognition and protection to the right of marriage partner of a different religion to
embrace religion and right to form a family. The results show that the values contained within Pancasila and
the 1945 Constitution provide clear protection that the right to embrace religion and the right to form a family
is a recognized and protected natural right. The solution that can be done is the legal apparatus should improve
its understanding of the legislation, theories, and principles of law and human rights values contained in
Pancasila and the 1945 Constitution.

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