Ratio Decidendi of The Supreme Court Verdict Number 1400KPdt1986 about Interfaith Marriage in Islamic Law Perspective Reviving and strengthening Islamc Law As a Living Law Within World's Legal System, 3rd Intenasional Conference on Islamic Law In Indonesia

Abstract

Ratio Decidendi of The Supreme Court Verdict Number 1400 K Pdt 1986 conceptually gives meaning to the dogmatic changes of interfaith marriage especially to Indonesian Islam people. Thix verdict beeame a jurisprndence in the ratio decidendi tat stated that interfaith marriage is not governed by the marriage law. In legal practice we recognize the Non-Liquet principle, which means that the court could not reject any cases given to them bocause of the obscureness or the ahyence of the law itself. This rescurch is an empiric and normatic research, with legal approach and case apprnch. Ratio decidendi of the Sipreme Court verdict number / 400 K Pd1986 iN not in accordance with the fact that Indonesia's law system is civil law system The morriage law does zero explicitly govern interfaith marriage, but in article 2 paragraph) of the marriage lanr stated that the legal regulation of a marriage is restored toreligious norms of those who want to marry. On this Supreme Court Verdict, those who want to mirry are Christian and Islam whose religious norms on those two religions prohibit interfaith murriage. In accordance with the Res Jdicata pro Veritate Habenur principle that is universally valid, this Supreme Court Verdict remains true. Judges are advixed to remain guided by the legal system adopted by Indonesia (civil len) and put the legislation as the primary legal sources, so that disparity of law verdiet could be avoided Keyword: Islamic Family Law, Judge, Supreme Court Verdict