Moderation of Marriage Law in Indonesia Post Reform

Abstract

Legal moderation is important and fundamental in creating justice. Legal moderation must balance things that are consistent and flexible. How to moderate post-reform marriage law, there are at least two changes to post-reform marriage law, namely through Constitutional Court Decision No. 46/PUU-VIII/2010 in this decision only considers from the side of science and technology without looking at the maqashid (goal) value of marriage and moral values. While in Law no. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage has reflected legal moderation in its decisions, by placing in a balanced way the results of science and technology as well as the maqashid (purpose) of marriage and moral values.