A Legal Analysis of the Status of Children from Interreligious Marriages According to Positive Law

Abstrak

This study discusses a juridical analysis of the legal status of children born from interfaith marriages under positive law. To obtain data on this issue, the author conducted a literature-based study using a normative legal research method, relying on various sources of legal literature. The data used in this study consist of both primary and secondary legal materials, analyzed using a descriptive qualitative approach. The findings reveal that interfaith marriages occur when a man and a woman adhere to different religions. According to the prevailing positive law in Indonesia, such marriages are deemed legally invalid. This is due to the fact that the concept of interfaith marriage is not yet legally recognized in the Indonesian legal system. However, legal protection is provided for children born from unregistered interfaith marriages, as stipulated in statutory regulations. This protection includes the recognition of the child’s legal status and their rights to welfare, personal identity, freedom of religion, and other fundamental guarantees.