Indrayanti, Kadek Wiwik, Entah, Aloysius R and Mochtar, Dewi Asttuty (2017) The State Role Through Court Warrant In Protection of Interfaith Marriage in Indonesia. Journal of Law, Policy and Globalization, 61. pp. 106-113. ISSN 2224-3259

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Abstract

There is a vacuum of regulation in Marriage Law Number 1 of 1974 in Indonesia which does not provide
protection for interfaith marriage couple. Meanwhile the data shows increasing numbers of interfaith marriage
in Indonesia. There are many ways have been done by interfaith marriage couple in order to legitimate their
marriage by going overseas and to convert each couple religion temporarily. There is another way which couple
can obtain marriage endorsement by request a court warrant. However, the fact increasing number of judges to
refuse giving court warrant. There are preferences from the judges to refuse giving court warrant rely on
different reasons. Meanwhile the function of Goverment Office Register Department in interfaith marriage only
to record and issue marriage certificate.Besides Marriage Act Number 1 of 1974, there are some law regulations
which can be used by judges for giving court warrant. Those law regulations if applied by judges may give
broader access to justice to interfaith marriage couple.

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