Dilema Penerapan Hukum Agama Katolik pada Perkara Perceraian (Studi Kasus di Pengadilan Negeri Makassar)  

Oleh:

Lumme, Andreas

Jenis: Article from Journal - ilmiah nasional
Dalam koleksi: Jurnal Pembangunan Wilayah dan Masyarakat vol. 5 no. 1 (Jul. 2005), page 1-21.
Topik: Marriage and Divorce; Application of Civil Law and Canon Law of the Church

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ104 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada	Lihat Detail Induk
Perpustakaan PKPM Nomor Panggil: J79 Non-tandon: 2 (dapat dipinjam: 0) Tandon: tidak ada	Lihat Detail Induk

Isi artikel

By its very nature the goal of marriage is to seek the good and welfare of husband and wife. But a marriage that results in divorce is a fact that cannot be hindered. Marriage Laws in Indonesia, including the executors of the law who are expected to be a “tool of social engineering” that leads to a happy family is not effective in doing its function. Divorce between husband and wife that is processed according to the laws of the Catholic Church in effect creates another problem on the case of divorce. A civil marriage between husband and wife is considered “divorced” after a decision has been reached by the Court; however, not in the law of the Catholic Church that has declared the marriage valid. his research ‘s goal is to know the method of applying the law used by the Court or Judge towards a case of divorce that originates from a marriage done according to the law of the Catholic Church. he result of the research in the sample cases points that the claim of divorce decided by the Court/Judge is based on the arguments ofpositive law. However, the application of the law according to the Catholic Church is not even considered by the Court/ Judge. The reasons for the d~ffIculty in applying religious law are: 1) there is no determination whatsoever in effecting the religious law on the material of the divorce in the Marriage Laws; 2) in his decision, the Judge does not make use of creative ways in discovering the law; 3) theiudge does not make use of the obligations given by the Law, i.e. the judge is obliged to know, follow and understand the values of the law and sense ofjustice that lives in society.

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