Certainly of Divorce Laws in Different Countries Base on Indonesian International Civil Law
DOI:
https://doi.org/10.59653/jplls.v2i01.496Keywords:
Inter-Country Marriage, International Private Law, Divorce Between NationalitiesAbstract
Recognition and implementation of the divorce decision. Therefore, a thorough understanding of the principles of private international law is essential to navigate these complex legal challenges. Principles such as lex loci celebrationis, lex domicilii, and the principle of recognition and enforcement of foreign judgments serve as guidelines in handling inter-country divorce cases. Court jurisdiction, the choice of applicable law, and the process of recognizing and implementing divorce decisions between countries are important focal points in legal settlements. International divorce, especially involving spouses of different nationalities, raises a number of complex issues. From determining jurisdiction to choosing the applicable law, every step in the divorce process requires careful consideration. In this context, several international treaties, such as the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for dealing with such divorce cases. In addition, the importance of recognizing and enforcing foreign divorce judgments in other jurisdictions is an important factor in preventing multiple divorces and providing legal certainty. This process involves coordination between countries to respect and recognize foreign court decisions. Protecting children's rights in interstate divorce is an important focus, with jurisdictional determination and appropriate application of the law to ensure the child's best interests are safeguarded. An in-depth understanding of international private law, especially in the context of divorce from different countries, is the key to ensuring justice and legal certainty for all parties involved. In handling inter-country divorce cases in Indonesia, especially those involving couples with different nationalities, it is important to pay attention to national legal regulations, applicable laws and regulations, and guidelines from relevant international conventions. The divorce process in Indonesia, as explained in Article 66 of the Marriage Law, must follow the applicable national laws and regulations. This research, using normative juridical methods, provides in-depth insight into how international private law is applied in inter-state divorce cases in Indonesia. By exploring the principles of private international law and examining expert views, this research discusses the legal complexities involving marriage between countries and contributes to further understanding of legal certainty in this context. Overall, interstate divorce opens up a broad discussion of private international law issues, including jurisdiction, choice of law, recognition, and protection of children's rights. With increasing human mobility and globalization, a deep understanding of the principles of international private law is becoming increasingly important in dealing with marriages and divorces from different countries.
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References
Admincapil. 2022. Legality of Mixed Marriages in the Eyes of Indonesian Law. Accessed November 21, 2023 from https://dukcapil.kulonprogokab.go.id/detil/272/legalitaspernikahan-campuran-dimata-Hukum-indonesia
Akbar, D.F. (2021). Inter-State Marriage in Indonesia is Based on International Civil Law and Islamic Law. SHARIA: Journal of Islamic Law, 3(2), 52–71.
Darussamin, Z., Fauzi, A., Zikri, A., Indrajaya, D. T., & Rahman, R. (2023). Phenomena and Social Problems of Marriage Youth in Kampar District Riau Province. International Journal of Islamic Thought and Humanities, 2(1). https://doi.org/10.54298/ijith.v2i1.90
Elisa, R. N. (2023). Dampak Psikologis Dan Sosiologis Terhadap Pernikahan Berbeda Setatus Kewarganegaraan. As-Syar’i: Jurnal Bimbingan & Konseling Keluarga, 5(2). https://doi.org/10.47467/as.v5i2.2827
Hidayatullah, T., Moechthar, O., & Aprilia, D. (2023). Inter-Religious Marriage: A Comparison Analysis of Indonesian Law With Other Countries. Notaire, 6(2). https://doi.org/10.20473/ntr.v6i2.45871
Gitacahyani, AR, Nesya, C., Putri, RK, & Erlisa, Y. (2023). Legal Consequences Arising from Divorce of Different Citizenship from International Private Law Perspective. Deposition: Journal of Legal Studies Publications, 1(4), 191-207.
Government Regulation Number 9 of 1975.
Herawati, EM, Azzahra, VF, Syafadita, S., Pinasty, PB, & Arrigo, F. (2023). Certainty of Marriage Laws in Different Countries Based on Indonesian International Private Law. Socius: Social Sciences Research Journal, 1(4).
Indonesia, KBR (2021). Marriage & Divorce. Decree of the Minister of Religion Number 4 of 1975. https://kemlu.go.id/thehague/id/pages/perkawinan___perceraian/3272/etc-men
Law of the Republic of Indonesia Number 1 of 1974.
Naratama, Ayu. (2023). Divorce in Mixed Marriages in Indonesia from the Perspective of International Private Law. Faculty of Law, Dharmawangsa University, Medan, North Sumatra.
Naratama, T., & Dewi, AT (2023). Divorce in Mixed Marriages in Indonesia from the Perspective of International Private Law. Dharmawangsa University, 17(3), 1283–1294.
Qureshi, K. (2022). Transnational divorce and remarriage between Pakistan and Britain: Intersectionality, harmful immigration rules and internal racism. Population, Space and Place, 28(5). https://doi.org/10.1002/psp.2396
Saleh, KW (1976). Indonesian Marriage Law. Jakarta: Ghalia Indonesia.
Saragih, D. (1974). Basics of Private International Law. Bandung: Alumni.
Suardi, Alfitri, & Darmawati. (2022). Juridical Analysis Of The E-Court And E-Litigation System On Divorce Against Different Citizens In The Region Courts (Study Of Decision No. 309/Pdt.G/2020/PA.Btg AND NO. 313/Pdt.G/2021/PA .Dps) JURIDICAL ANALYSIS OF E-COURT AND E-SYSTEMS. Journal Homepage, 10(02)
Sujono, I. (2022). Legal Review of Marriage for Divorced Women Outside the Religious Courts. International Journal of Islamic Thought and Humanities, 1(1), 1–16. https://doi.org/10.54298/ijith.v1i1.10
Undang-Undang Nomor 12 Tahun 2006.
Undang-Undang Nomor 23 Tahun 2002.
Undang-Undang Nomor 62 Tahun 1958.
Undang-Undang Nomor 7 Tahun 1989.
Undang-Undang Republik Indonesia Nomor 1 Tahun 1974.
Waspada, RJS, & Kharisma, DB (2020). "Juridical Study of Child Custody Arrangements as a Result of Divorce from Mixed Marriages in View of International Private Law." Journal of Private Law, 8(1), 124.
Zavareh, S. M. H. N. (2023). The Effects of Marriage and Divorce on Women’s Nationality in the Iranian Law. Khazanah Hukum, 5(1). https://doi.org/10.15575/kh.v5i1.22565
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