International Divorce Between Jurisdictions And Recognition

Abstract

Mixed Marriage Law is a part of International Civil Law (IPL), issues such as marriage, divorce, and personal status often give rise to jurisdictional conflicts and legal conflicts between state sovereignties due to differences in legal systems between countries. The research method used in this study is a descriptive method of normative juridical analysis with an empirical approach. How is the Application of Jurisdiction in resolving International Divorce for citizens of different nationalities? How is the Function of Recognition in the ratification of International Divorce, the status of children and the division of joint property? How is the Existence of Jurisdiction and Recognition for public order regarding International Divorce in International Civil Law? With the secondary link point of country B as the place where the marriage was carried out (lex loci celebritionis), and country B with its jurisdiction has the right to adjudicate international divorce in accordance with its lex forum, so it is clear that the role of Jurisdiction is seen in determining international divorce. With the function of recognition of other countries towards a country, International Divorce, child status and division of marital property, is the same as the recognition of the legal provisions in force in that country and the authority of the court to try citizens or foreigners who commit a legal act (rehct handeling) in that country. The existence of jurisdiction and recognition is the basis for the creation of public order, because public order will not be created if the recognition and jurisdiction of a hearing are not recognized in International Civil Law, so that the existence of Jurisdiction and Recognition for public order against International divorce in International Civil Law is recognized.