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The validity of marriages is restored to the terms of their respective religions and beliefs (Article 2 (1) of the Act No. 1 of 1974 on Marriages (UUP)), while the state only registers for administrative purposes. Marriage according to Islam must comply with the rule of law, namely: prospective husband, prosecuting wife, marriage guardian, two witnesses, and ijab kabul (Article 14 of Presidential Instruction No. 1 of 1991 on the Compilation of Islamic Law (KHI)). The appointment and admission shall be subject to the condition that the person entitled to pronounce admission is the prospective groom personally; however, in certain cases, the admission may be represented to another man, provided that the prospect gives express authority in writing that the acceptance of the representative of the appointment is for the groom (Article 29 (1) and (2) of the Code). At the time of the COVID-19 pandemic, there was a practice of marriage in which ijab and kabul were not carried out in one place and one assembly physically, but online. This can be done because of the advancement of technology, which allows people to interact directly in one place and one time virtually. What's interesting is how the government's policy responds to this by taking into account the religious provisions of marriage terms and conditions. The writing of this article uses a method of normative jurisprudence research with secondary data from primary and secondary legal materials. The results of the research show that the decision of the Indonesian Fatwa Commission of the Seventh General Assembly of Indonesia in 2021 authorizes online marriages. The decision must be followed by a change in the provisions of marriage at the time, so that materially will have a binding legal force.
Hartanto et al. (Mon,) studied this question.