Youngky Fernando as legal counsel delivering the principal points of petition revision for judicial review of the Religious Court Law, Tuesday (9/1) in the Courtroom of the Constitutional Court. Photo by Humas MK/Ifa.

Nina Handayani, an Indonesian citizen (WNI) married to a foreign man (WNA) revised her petition. Youngky Fernando as the attorney of the Petitioner of the judicial review of Law No. 3/2006 on Religious Courts confirmed 19 pages were revised from the petition. 

"From the original 20 pages, it is down to 19 pages," Youngky told the Panel of Justices led by Constitutional Justice Saldi Isra in a revision hearing in the Constitutional Court Room (MK), Tuesday (9/1) afternoon. 

In addition, Youngky said there was a revision on the legal standing of the Petitioner. Based on the above reasons, the Petitioner appealed to the Constitutional Court to grant her petition and to declare the Religious Court Law being reviewed contrary to the 1945 Constitution.

The Petitioner questions the phrase "people seeking justice" in the Elucidation to Article 2 of the Religious Judicature Law. Elucidation of Article 2: "’People seeking justice’ are any Indonesian citizens or foreign nationals seeking justice within the courts of Indonesia."

This petition was motivated by the translational marriage of the Petitioner, who is an Indonesian citizen, to a foreign national. During the marriage, the Petitioner is still an Indonesian citizen. A problem arose when the Petitioner\'s marriage ended in the divorce and it was found out that the transnational marriage of the Petitioner was not legal in the eye of international civil law, resulting in the marital status of the Petitioner being a kind of common-law marriage. The Petitioner was then in dispute with her ex-husband regarding the ownership of property acquired during the marriage. Then the Petitioner filed a suit in the Religious Court up to cassation level. 

In the case in the Religious Court, the Petitioner considers that the phrase "people seeking justice" in the Elucidation of Article 2 of the a quo law has multiple interpretations, which is used as a way for the judge of the Religious Court of Indonesia to play with the interpretation, ultimately giving way to corruptive behavior to obtain joint property of the Petitioner. The phrase "people seeking justice" in the a quo provision does not explain the notion of foreign national, who is instantly subject to the law in the General Courts, or in Special Courts, Religious Courts, State Administrative Courts, and Military Courts. (Nano Tresna Arfana/LA/Yuniar Widiastuti)