The Development of Indonesian Marriage Law in Contemporary Era

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.

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Publication Details

Journal
Jurnal Smart Hukum (JSH)
Published
2024-08-14
DOI
https://doi.org/10.55299/jsh.v3i1.1041
Primary Topic
Marriage and Family Dynamics
Type
article
Field-Weighted Citation Impact
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article

The Development of Indonesian Marriage Law in Contemporary Era

Zaimah Husin, Mila Surahmi, Fatmawati Fatmawati, Nurifana Umar et al.
Jurnal Smart Hukum (JSH)
Marriage and Family Dynamics
article

The Development of Indonesian Marriage Law in Contemporary Era

Zaimah Husin, Mila Surahmi, Fatmawati Fatmawati, Nurifana Umar, Tora Yuliana
article en

Abstract

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.

Jurnal Smart Hukum (JSH)Vol. 3(1)
Universitas Islam Negeri Sultan Syarif Kasim Riau (ID), Seva Mandir (IN), Universitas Sjakhyakirti (ID), State University of Gorontalo (ID)
Openalex Percentile: Top 77%
Marriage and Family Dynamics
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