Constitutional Justice Wahiduddin Adams chairing the petition revision hearing of the judicial review of Law No. 16 of 2019 on Marriage, Wednesday (4/6/2022). Photo by Humas MK/Ifa.
Wednesday, April 6, 2022 | 11:49 WIB
JAKARTA, Public Relations—The Constitutional Court (MK) held another judicial review hearing of Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019 on the Amendment to Law No. 1 of 1974 on Marriage on Wednesday, April 6, 2022.
At this second hearing, the Petitioner’s legal counsels Dixon Sanjaya and Hans Poliman conveyed the revisions to the petition following the justice panel’s advice at the preliminary hearing on Wednesday, March 16, 2022. The articles to review were reduced where Article 2 paragraph (3) was removed.
“Based on the justices’ advice at the previous hearing, we made adjustment and removed Article 2 paragraph (3),” said Dixon before before the panel bench—Constitutional Justices Wahiduddin Adams (panel chair), Suhartoyo, and Enny Nurbaningsih.
Also read: Failed to Have Interfaith Marriage, Citizen Challenges Marriage Law
The case No. 24/PUU-XIX/2022 was filed by E. Ramos Petege, a Catholic who had intended to marry a Muslim woman. The union fell through because interfaith marriage was not accommodated by the Marriage Law. Consequently, the Petitioner’s constitutional rights were harmed.
The Petitioner also felt harmed from losing freedom of religion and faith because if he wishes to have an interfaith marriage, either the bride or the groom will be coerced to convert. In addition, he also lost his freedom to have offspring by forming a family based on free will.
The Petitioner challenges Article 2 paragraphs (1) and (2) as well as Article 8 letter f of the Marriage Law, which he believes contradict Article 28D paragraph (1) and Article 29 paragraphs (1) and (2) of the 1945 Constitution.
Article 2 paragraph (1) of the Marriage Law reads, “A marriage shall be legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned.” Article 2 paragraph (2) reads, “Each marriage shall be registered according to the regulations of the legislation.” Meanwhile, Article 8 letter f reads, “[A marriage shall be prohibited between to people that] have a relationship that, by religion or other statutory regulations, are forbidden to marry.”
Writer : Sri Pujianti
PR : Raisa Ayuditha
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 4/8/2022 07:07 WIB
Disclaimer: The original version of the news is in Indonesian. In case of any differences between the English and the Indonesian versions, the Indonesian version will prevail.