Indonesian marriage law puts religion as the basis for the validity of marriage, while on the
other hand it does not use religion as the basis for the validity of divorce. It raises theoretically
a fundamental problem called human rights violation. With an empirical and normative
approach, this research purposively sampled 10 former wives and 10 former husbands after
Catholic divorce in Yogyakarta City and Sleman Regency in 2023, to show what fundamental
problems arise when going to or already remarried. Furthermore, based on the existing
problems, the research explores argument for proposing a 'neutral' marriage law based on pure
of law theory as a solution to prevent or eliminate fundamental post-divorce problems. The
result shows that Catholic ex wives and husbands as the respondens experienced handycaps to
remarry through Catholic way, since the church refuses on the consideration that their
previous marriage can not be divorced. They finally force to remarry through the other religion way that indeed does not accord to their own religion. Based on Pure of law theory, it may propose a neutral marriage law from religion basis, that accommodating everyone to
marry or divorce freely together to adhere the religion freely. By replacing religion term into
the other ‘universal value’ that relevan for marriage, i.e, based on love of each other and agreement.