COMPARATIVE LAW REGARDING INTERFAITH

MARRIAGES BETWEEN INDONESIA AND THAILAND

SRI MULIANA AZHARI

STUDENT ID: 6210000059

FACULTY OF LAW
PRINCE OF SONGKLA UNIVERSITY
HAT YAI
2020
 CHAPTER I
INTRODUCTION

A. Background
Marriage has a very important part to play in human life, because with the existence
of marriage, the intercommunication between men and women has established itself
honorably as a noble creature of God. Every religion upholds marriage accepts its
sanctity and regulates marriage institution. 1 Marriage is the inner relationship between a
man and a woman as a husband and wife with the intention of establishing a happy and
eternal family (household) based on the One and Only God. 2Since marriage has the
function of forming a happy and eternal family, marriage must be performed for a
lifetime and can not be freely terminated.
Interfaith marriages are a recent phenomenon, in both Thailand and Indonesia.
Globalization makes the inevitable. In Indonesia, marriage style has been influenced by
the diversity of cultures, races, and religions in society, such as interfaith marriage.
Interfaith marriage also leads to complicated issues for people, families, culture and even
nations. Interfaith marriage is often rejected by the family even by the authorized entity
that administers the marriage register.3
Interfaith marriage as a marriage made by people who embrace different religion and
beliefs. From this description, it can be seen that what interfaith marriage means is a
marriage between two people of different religions, each of whom still maintains their
professed religion.4
The marriage law applicable in each of these religions is different but does not clash
with each other. As for Indonesia, a marriage law has been drawn up that extends to all
Indonesians, called Law number 1 of 1974 concerning marriage (The 1974 marriage
law).

1
Fathol hedi and others, 'Legal Policy of Interfaith Marriage in Indonesia' [2017] 3(3) Nationally
Accredited Journal 263-264
2
Law number 1 of 1774 concerning marriage, a 1.
3
Fathol hedi and others, 'Legal Policy of Interfaith Marriage in Indonesia' [2017] 3(3) Nationally
Accredited Journal 264
4
M karsayuda, Perkawinan beda agama: Menakar nilai-nilai keadilan kompilasi (Total
Media 2006) 23
 Thailand has different cultures as in Indonesia, and also different marriage laws that
govern it, the majority of religious differences followed by the people in a country that is
underlie by a country's culture and regulations. In Indonesia, marriage is governed by
Law No. 1 of Year 1974 on Marriage (the 1974Marriage Law). The 1974 Marriage Law
applies to all Indonesian citizens, whatever their religion. While in Thailand marriage is
governed  The Civil and Commercial Code Book V.
This legal comparison is aiming to find the answer of legal questions mentioned in
Chapter I: Purposes of the Paper. In addition, this legal comparison will also examine the
hypothesis relating to interfaith marriages that will be discussed in Chapter III: Analysis

B. Legal Questions
Based on the background that has been described, the authors find the main problems
that will be found in this paper:
1. How Indonesia and Thailand regulate the interfaith marriages?
2. Do Indonesia and Thailand prohibit the marriage of persons with different religious
backgrounds?
3. What are the differences and similarities of interfaith marriage of Indonesia and
Thailand?

C. Purposes
The major purposes of this paper are to find the answer of the legal question
discussed, namely to:
1. Know how Indonesia and Thailand regulate interfaith marriages;
2. Find whether Indonesia and Thailand prohibit the marriage of persons with different
religious backgrounds;
3. Understand the differences and similarities of interfaith marriages of Indonesia and
Thailand.

D. Research Instruments
Some instruments are needed to find information regarding interfaith marriage in
Indonesia and Thailand, namely:
1. Case study;
2. Literature review, and;
3. Reliable sources of internet access.