Judicial review on Article 2 verse (1) Act 1/1974 about Marriage (Act of Marriage) as petitioned by graduates and student of University of Indonesia has proceeded to testimonial hearing.

In the Tuesday’s trial (10/13) held at MK Plenary room, Chief Justice Hamdan Zoelva opened the hearing which attended by representatives from Ministry of Religion, Ministry of  Law and Human Rights, Indonesia Ulema Council, related parties, and 2 principle plaintiffs, Anbar Jayadi and Damian Agata Yuvens.

Islam Defender Front (FPI) who registered to be related parties was given opportunity to deliver their opinion toward frenzy petition. Represented by Mirza Zulkarnaen, FPI stated that the ruling does not imply judgment. “In fact, marriage procedures have been bear in religions. State only strengthened that worshippers must obey their religion rules,” Mirza said.   

According to the FPI, inter-faith marriage can only be acknowledged if the event occurred to any particular religion’s rule. “Marriage can’t be validated through civil matter only. Without faith’s involvement, regular marriage is just an agreement of cohabitation,” he said.

FPI in several occasions have voiced their rejection of any inter-faith relationship idea. Couple years ago, FPI expressed the same opinion to a movie in which inter-faith relationship is conveyed. Protests raged in many places, resulting in cancellation of the movie screening in some cities.  

Spiritual Values

Meanwhile government’s representative, Machasin, declared that marriage is something related to constitutional rights. According to him, Article 29 verse (1) 1945 Constitution says about Oneness of God, bearing religion’s involvement must be infused into daily life.

Marriage is not just a physical activity but also merely comprises spirituality, thus religion-based values must be applied. According to the government, if the petition was granted, law uncertainty unavoidably will emerge. Not the mention disruptive social dynamic in our people in which dominated by Muslims.  

Constitutional Rights must be implied by regarding others’ rights, in other words proper Constitutional Rights may only be implied by proportional freedom and regulated in particular law. Marriage is one of Constitutional rights accomplishment, protection for the scared event is accomplished by regulating such matter in particular regulation, according to the government. (Winandriyo K.A/mh/kun)