Position and existence of marriage law in the pluralism of the legal system in Indonesia.

Authors

  • Yusup Hidayat, Aris Machmud, Sardjana Orba Manullang, Parbutian Sinaga Law Fakulty of University Al-Azhar Indonesia, Jakarta, Indonesia.

Keywords:

Existence; Law System; Married Law; Pluralism.

Abstract

Pluralism in the Indonesian legal system is a necessity and can live in harmony with state law, this recognition is constitutionally recognized and protected by the 1945 Constitution, as long as it does not conflict with the ideals and goals of the state. The purpose of this study is to identify and analyze the existence and position of marriage law in legal pluralism in Indonesia. The author uses a form of normative juridical research with a statutory approach that examines various legal aspects so that there is a coherence of conformity between the principles, norms, and rules of national law. The result is that the marriage law recognized by the state is based on the principle of monogamy with national legal rules in the form of the Marriage Law Number 1 of 1974 which was updated with Law No. 16 of 2011 besides Indonesia also recognizes customary law and religious rules - in the form of MUI fatwas and also the Compilation of Islamic Law - In the regulation of marriage in Indonesia, in addition to a large number of early marriages, a legal breakthrough is needed that can protect the legal rights of children, then the law. However, the existence of the marriage law can go hand in hand because the position of legal pluralism in Indonesia is strong as a form of historical forging and also the obedience and acceptance of the Indonesian people for these various legal systems.

Author Biography

Yusup Hidayat, Aris Machmud, Sardjana Orba Manullang, Parbutian Sinaga
Suan Law Fakulty of University Al-Azhar Indonesia, Jakarta, Indonesia.

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Published

2023-08-03

How to Cite

Yusup Hidayat, Aris Machmud, Sardjana Orba Manullang, Parbutian Sinaga. Law Fakulty of University Al-Azhar Indonesia, Jakarta, Indonesia. 11(1), 391-401.

Issue

Vol. 25 No. 2 (2023): Open Issue

Section

Articles (Peer-reviewed)

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