Interfaith Marriages Based on Positive Law in Indonesia and Private International Law Principles

Abstract

Abstract : This study intends to find out the legitimacy of interfaith marriages according to positive law in Indonesia and private international law, especially marriages held abroad between Indonesian citizens or with a foreign national. The method used in this study was a normative juridical through a legislation approach. Basically, marriages held in Indonesia must follow the provisions of Article 2 jo. Article 56 of Law No. 1 of 1974 concerning marriage. The results of the analysis revealed that interfaith marriages cannot be held either in Indonesia or abroad since they conflict with the principles of private international law and positive law in Indonesia.