NON SECULARIZATION OF MARRIAGE LEGAL PROCEDURE BASED ON BELIEF IN ONE ALMIGHTY

When disputing in court, non-Muslim citizens use positive laws established by the state that do not involve their religious beliefs. Philosophically, this is on the contrary to the constitution, which states that the country is based on belief in one Almighty God. Moreover, in every decision, judges are formally required to begin with "For the sake of the one Almighty God." This phenomenon may be the result of cultural and/or structural factors that require a research study. This research is normative legal research to devise models of religious legal formulation in the legal system in Indonesia. The results of the study illustrate that changing secular marriage law to religious marriage law is possible through formal procedural rules and substantial material rules. In the initial stages, efforts should be made to change the formal procedural arrangement stage using a procedure to examine, adjudicate, and decide a case. Before deciding on a divorce case, the religion of the disputing parties needs to be involved by (1) appointing a judge who is of the same religion as the disputing parties to examine, adjudicate, and decide the case; (2) requiring judges to present expert witnesses from religious leaders of the disputing parties. This is very important because religion is a truth system based on belief and not all religious beliefs can be rationalized.


I. Introduction
The Indonesian people were in the grip of Dutch colonialism for three and a half centuries. The Netherlands, in reality, did not only colonize the economy, but also colonize the field of law. The enactment of Dutch law in Indonesia, which was based on the principle of concordance and various efforts to get rid ©2020: This is an Open Access Research distributed under the term of the Creative Commons Attribution Licencee (https://Creativecommons.org/licences/by/4.0), which permits unrestricted use, distribution, and reproduction in any medium, provided the original works is properly cited Yustisia Volume 9 Number 2 (May-August 2020) A state based on belief in one Almighty God is the choice of Indonesian people in the life of the people and nation. This is an affirmation of ideal, that Indonesia is different from Western and American countries that embrace secular ideology, which separates religious and state affairs (Tedjomurti, K. T, 2019: 199). This is also an affirmation that Indonesia is different from western civilization which is materialistic in nature (Mahmoud Mohammed Taha, 1996: 75).
The rule of law based on belief in one Almighty God is a form of affirmation of independence in the field of law in the Republic of Indonesia.
Therefore, normatively, the laws that will be made and will be applied in Indonesia are laws based on belief in one Almighty God. Thus, efforts to make and enforce laws based on this belief in the field of marriage have been prepared to God in the Islamic religion, based on the willingness of the majority of Muslims which is initiated by the constitution formulators, it is determined that the country is based on belief in one Almighty God, not Islam.
The constitutional provision which states that the country is based on belief in one Almighty God is a form of country recognition of the existence of various religions adhered to by Indonesian citizens outside the majority religion.
This recognition must be understood as an appreciation of the equal rights and obligations of citizens without discriminating their religions. The country gives freedom of religious followers to carry out their religious orders, as long as they do not interfere with followers of other religions. Likewise, every religion has an obligation in the country, namely the obligation to maintain the existence of the country as part of religious teachings, which is to be realized at the state level.
Article 29 paragraph (2) states that there is freedom of the citizens to worship according to religion and belief so that the state has the obligation to

II. Research Methods
The research is normative legal research. It is used to devise models of

A. Religion and the Republic of Indonesia
Article 29 paragraph (1)

Indonesia is not a secular state
Secularism is an ideology that separates real life from religious thoughts and influence. A secular state is a state that separates state affairs from religion. It means that state affairs must not be intervened by religion.
In addition, religion must not interfere with political, economic, social, legal culture, and other aspects of the state reality. The state does not make religion a political instrument. Religion is a private affair of its believers. paragraph (1) and (2), the Republic of Indonesia explicitly does not separate the state from religion or vice versa. Therefore, this paradigm cannot be used to explain the relationship between religion and the Republic of Indonesia.

Indonesia is not a religious state
In the Unified Paradigm, religion and state are integrated. The area of religion includes politics and the state. The state is both a political and religious institution. Therefore, according to this paradigm, the head of state is the holder of power, including political power. The government is organized based on divine sovereignty because the supporters of this paradigm believe that sovereignty is in the hands of God. This paradigm is adopted by Shia Islam (Abu al-'Ala Al- Mawdudi, 1990: 272). This politics is based on religion and functions to implement "God's Sovereignty." A people who obey the rules of the country means they obey religion. Conversely, rebelling against the state means rebelling against religion, which is also against God. God who necessitates absolute submission without resistance. In the name of God, the ruler can do anything and ignore the people's resistance.
The theory of the union of religion and state is a theory that places a certain religion formally in a country. Because Indonesia does not formally place certain religions in state management, this theory cannot be used to analyze the relationship between religion and state in Indonesia.

Indonesia is a religious state
The relationship between religion and the Republic of Indonesia is typical and unique. In this context, the state has a multilevel role. First, the state is constitutionally obliged to recognize and guarantee the followers of religions to worship and practice their respective religions. If desired, the state must take a role in upholding the teachings of religions believed by its followers.
One area that is consciously believed by the followers of religions as inseparable from religious teachings is the field of marriage law. Thus, Article 2 paragraph (1)  Substituting the secular law which is still enforced according to the Transitional Rules and adjusting it to religious constitution is not easy to do. It is because there are several aspects concerning legal system that must be considered, namely the issue of legal norms, the issue of law enforcement, and the issue of community legal culture.
The issue of legal norms concerning religious teachings has different levels of legal regulation in each religion. Arrangements on the same religious level can lead to differences in understanding regarding the law because of different school of belief in the religion, so it requires an in-depth study to equalize the perception of the law.
The issue of law enforcement involves law enforcement officers who are driven by rules in procedural law that is mechanical and formal. In fact, this issue has a lot to do with the way of thinking in the law and justice system that has been inherited by the law enforcement system and the former secular Dutch colonial rule.

Muslim citizens
Law c. The marriage law that applies to Christians is a law based on Christianity.
d. The marriage law that applies to Hindus is a law based on Hinduism.
e. The marriage law that applies to Buddhists is law based on Buddhism.
f. The marriage law that applies to Confucians is a law based on Confucianism.
In terms By not specifically mentioning certain religions, it shows that the term "state based on belief in one Almighty God" means that (1)

c. Structural factors
Structural area is formal procedural area, an area that limits itself to non-substantial requirements. The problem with the positivization of religious norms about marriage is a substantial and highly philosophical legal problem. In the absence of formal procedural rules instructing law and justice enforcement to enter the substantial territory, a judge has no Yustisia Volume 9 Number 2 (May-August 2020) Non-Secularization of Marriage Legal ....| 259 way to enter the territory. Law and justice enforcement agencies cannot enter substantial territory if they are not instructed to do so. Therefore, in carrying out state duties in examining, adjudicating, and deciding cases, a judge is strictly regulated in procedural law.
The legal logic of judges as legal practitioners is bound by a strongly positive system. Moreover, the legal system in Indonesia is based on Civil law, which makes judges unable to improvise in examining, adjudicating, and deciding cases. Their normative logic dominates their way of thinking, so the legal logic is always concrete. This condition motivates the judge in examining cases, especially the ones related to marriage. In this case, judges cannot involve philosophical issues.
In their interpretation of Article 2 paragraph (1), which states that the validity of a marriage is carried out according to the respective religious law, a judge only has the understanding that the authority to

IV. Conclusion
It is a fact that the Dutch does not only colonized Indonesia economically, but also legally. Various policies were made to get rid of the original Indonesian law which was religious in nature to force the Dutch law that is secular. As a result, legal logic, concepts, and theories of Western law, especially the Netherlands, which are based on the ideology of secularism, dominate the way of thinking about law in Indonesia.
Independence is a new milestone to show the existence of the nation, with the 1945 Constitution as an identity that expressively states that the country is