Inter-Religious Marriage: A Controversial Issue in Indonesia

: Different religious marriages we often encounter during society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women or otherwise Muslim women married to non-Muslim men. Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This study is intended to analyze the legal basis of inter-religious marriage or mixed marriage in Indonesia. This study highlighted and found that inter-religious marriage is become complicate problem when trying to determine some basic rights, including the property, child, and the others.


I. INTRODUCTION
Indonesia is a pluralistic nation, there is diversity in it whether it is race, race, or religion. Especially religion, the issue of inter-religious relations is the concern of various circles, not only the government but also other components of this nation for example: religious institutions (both Islamic and non-Islamic). Marriage is the inner and outer bond between a man and a woman as husband and wife in order to form a happy and eternal family (household) based on the omniscient divinity. Marriage can also be interpreted as a legitimate relationship between a man and a woman for a long time. 1 Marriage is done with the aim to continue the offspring. Marriage can be said to be valid if it meets the following requirements: 1. Both parties must reach the age stipulated in the law, namely for a 19-year-old man and for a 16-year-old woman.
2. There shall be free agreement between the parties.
3. For a woman who has dairy marriage must pass 300 days afterward decision of first marriage.
4. There is no prohibition in the law for both parties 5. For a minor, there must be a consent from the parent or guardian. That is the usual marriage terms contained in the Law No.1 of 1974 about marriage. The marriage itself apart from being regulated in law is also governed by religious law, religious law here according to the religion embraced by a person. There are differences in marriage arrangements as we know there are five religions recognized in Indonesia. Here I will not discuss about marriage seen from the standpoint of religious law but how the marriage of different religions seen from the law in Indonesia either PP, Act, or the Civil Code law.
Different religious marriages we often encounter in the midst of society especially among the affluent and celebrities. This kind of marriage has been done by Muslim men married to non-Muslim women (Hindu, Christian, or other religions) or otherwise Muslim women married to non-Muslim men (Hindu, Christian, or other religions). Sometimes in response we only follow the understanding of some people who greatly glorify freedom in all fields (Liberal), although it is in terms of a very private as well as religion. In a liberal sense the beliefs of religious differences in marriage are not a problem. Liberalism is a notion that requires the freedom of individuals in all fields. This notion is not true if we embrace in addressing religious issues as we know Indonesia is not a liberal state, this kind of understanding can lead to a new mindset that will eventually lead to the mindset of the communist nation. Our country is also a free country in this case freedom of religion but freedom here is the limit because if freedom is interpreted as freedom as freely it will disturb the human rights of others. Religion in this case is something very private then it is not allowed to interfere religious affairs between one religion with another religion. In practice we still often encounter friction between religious people due to participate in religious interference. Though we ourselves know that religion is the relationship between man and his god, then we should not interfere in the affairs of others in religion. 3 The marriage itself is also governed by religious law. A person usually follows the religious law according to the religion held. This is done as a form of obedience of a person to his religion. Different religious marriage can usually be done but not in the country of Indonesia. Insan who want to get married go out of the country to marry and setelh it back again keindonesia with married status. But

II. METHODS
To identify and explain their everything related to the subject matter required a study guide called research methods, namely, how to describe something by using a carefully thought to achieve a purpose.
The method used in this paper is a normative legal research methods by linking the issue with the provisions contained in the legislation concerned. Also used other written materials, such as journals and articles related to inter-religious marriage in Indonesia. 5 Guba and Lincoln define a paradigm as a set of basic beliefs or metaphysical relating to fundamental principles. These beliefs are basic in the sense simply to be accepted solely on faith alone, it is because there is not a way to determine an ultimate truth. Paradigm is a perspective to understand the complexities of the real world. 6 The paradigm that I use is the paradigm of qualitative research which is descriptive and accurate analysis to achieve the purpose of writing.
Various theoretical basis is used as a reference in solving problems.
Strategy Research: by examining the issue that is expected to find a major foundation conducted a literature study, which collects materials in the form of reliable literature. Followed by systematically analyzing activity journals, legislation, scientific articles, and other materials related to the material covered in this paper.

III. MARRIAGE POLICY IN INDONESIAN LEGAL SYSTEM
To deal with a problem arising from a diverse Indonesian society. [2]. The marriage ceremony is done according to the law of each religion and that belief.

Article 31
Marriage is also prohibited:

IV. MARRIAGE IN SOME LEGAL & HISTORICAL CONTEXTS
According to Goldberg marriage is a popular institution in the community, but at the same time also not a test-resistant institution.
Marriage as a unit continues to promise a lasting and even lasting friendship and cultural preservation and the fulfillment of interpersonal needs. 12 According to Kartono, understanding marriage is a social institution that is recognized in every culture or society. Although the meaning of marriage is different, but the practice of marriage in almost all cultures tends to be the same as marriage shows at an event when a pair of husband and wife is formally brought together in front of religious lord, witnesses, and a number of attendees to be officially ratified by ceremony and ritual specific. 13 According to Saxton marriage has two meanings:

As a social institution
A collective solution to social needs. The existence of the marriage provides the ultimate function for the survival of a group in this case is society.
2. Marriage as a form of legitimacy (ratif) of the role as an individual, but especially, marriage in the view as a source of personal satisfaction. 14 According to Subekti marriage is a legitimate relationship between a man and a woman for a long time. 15 According to Wirjono Prodjodikoro marriage is a coexistence of a man and a woman, who meet the requirements that are included in the law of marriage law. 16 According to Soetoyo Prawirohamidjojo, the definition of marriage is a living alliance that occurs between a man and woman, formally endorsed by law (juridical). 17 According to Kaelany HD marriage is a marriage contract between the prospective husband and the 13 Kartini Kartono, Psikologi Wanita. (Bandung: Mandar Maju, 2006). 14 Lloyd Saxton, Individual, Marriage, and the Family. (California: Wadsworth Publishing Co., 1986). 15 R. Subekti, Pokok-Pokok Hukum Perdata. (Jakarta: Penerbit Intermasa, 1985). 16 Wirjono Prodjodikoro, Hukum Perkawinan di Indonesia" (Bandung: Sumur Bandung, 1991 prospective wife to fulfill its kind in accordance with the provisions regulated by sharia. 18 With this contract, both candidates will be allowed to mingle as husband and wife. Based on the various definitions of marriage above, it can be concluded that marriage is an inner bond between men and women as husband and wife who have the power of law and is recognized socially with the aim of forming a family as a unity that promises cultural preservation and fulfillment of inter-personal needs Furtheremore, marital terms are stipulated from article 6 to article 12 of Act 1/1974. Article 6 through Article 11 contains the terms of marriage of a material nature, while article 12 regulates the terms of formal marriage. Marital requirements of material (chapters 6-11) A formal marriage requirement can be described according to Article 12 of Law 1/1974 realized in article 3 to article 13 PP 9/1975. Briefly the formal requirements can be described as follows: 1. Any person wishing to marry a marriage must notify the marriage registry officer where the marriage will take place, made at least 10 days before the marriage is held. Notice may be made oral / written by the bride / parent / representative. The notice includes, among other things, the name, age, religion, place of residence of the prospective bride (Chapters 3-5).
2. After the requirements are accepted by the marriage recording officer then it is investigated whether it has fulfilled the requirement. The results of the study are written in a special list for that (Article 6-7) 3. Where all conditions are met the marriage registry officer makes an announcement signed by the marriage registry employee which includes among others: a. Name, age, religion, occupation, and work of the bride b. Day, date, time and place of marriage will be held (chapters 8-9) 4. Not until marriage takes place after the tenth day according to the law of each religion and belief. The two brides-to-be signed a marriage certificate in front of the registering officer and attended by two witnesses, the marriage was officially registered. The marriage certificate is made in duplicate, one for the registrar and another stored on the court clerks. To husbands and wives each is given a quotation of marriage certificate (Chapters 10-13).

V. CONCLUSION
Based on the formulation of the above problem it can be concluded dated January 20, 1989 Number: 1400 K / Pdt / 1986, providing a legal solution to interfaith marriage is that interfaith marriages may be accepted at the Civil Registry as one only authorized institution to carry out a petition that both husband and wife candidates are not Muslim to be obliged to accept intermarriage application. In the interfaith marriage process the petition for interfaith marriage may be submitted to the Civil Registry Office. And for Muslims to be interpreted for themselves as one such couple is willing to marry not Islam. And thus, also interpreted that by filing the petition the petitioner no longer ignores his religious status. So that article 8-point f Law no. 1/1974 is no longer an obstacle to marriage, assuming that both husband and wife are no longer Muslim. Thus, the Civil Registry Office is obliged to accept such applications not because of the two potential spouses in a capacity as those of a different religion, but in the religious or belief status of one of their potential partners. The marital status of a person who makes a religious marriage is recognized by the state because of the jurisprudence of the Supreme Court of 20 January 1989 Number: 1400 K / Pdt / 1986 stating that the request for a religious marriage can be filed in the civil registry.