LEGAL CONSIDERATION OF LEGAL CONVERSION IN DIFFERENT RELIGIOUS MARRIAGE IN INDONESIA

Abstract

This article discusses the legal certainty of legal smuggling in interfaith marriages in Indonesia. Not a few who carry out interfaith marriages in Indonesia go abroad, even though this can be categorized as a form of legal smuggling due to avoiding the law that should apply to them. This research uses a conceptual approach, a statutory approach, a comparative approach and a philosophical approach. Legal materials used in this study consist of primary legal materials, secondary legal materials and tertiary legal materials which are normative in nature by searching, collecting, and studying literature and documents, both conventionally and via the internet. The result of this research is that interfaith marriages by Indonesian citizens conducted abroad are a form of legal smuggling because they are against the law of marriage in Indonesia based on religious law. Many countries, whether or not they have written regulations, generally do not condone or refuse legal smuggling. they prefer to keep their citizens in compliance with their national laws if there is an element that the smuggling of the law occurs then the marriage can be declared invalid. The Indonesian marriage law has not provided legal certainty for the smuggling of interfaith marriage laws, on the one hand there is no legality of marriage legality, on the other hand the marriage is still recorded in the registration.

Keywords

• legal smuggling
• legal certainty
• interfaith marriage