Constitutional Court hearing Dewan Da’wah (Relevant Party) experts for the judicial review hearing of Law No. 16 of 2019 on Marriage, Tuesday (11/1/2022). Photo by MKRI/Bayu.
Tuesday, November 1, 2022 | 14:59 WIB
JAKARTA (MKRI)—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 Tuesday, November 1, 2022.
This twelfth hearing had been set to listen to the expert testimonies for Dewan Da’wah Islamiyah Indonesia (Dewan Da’wah), the Relevant Party. One of Dewan Da’wah’s experts Teten Romly Qomaruddien, said virtually that interfaith marriage keeps happening even there are clear rules in Islamic teachings. “In addition to the verses that confirm prohibition of interfaith marriage, there is the hadith and the consensus of scholars in every era,” he said.
He added that in this religious nation, the first precept of the state philosophy means faith based on One Supreme God and the 1945 Constitution serve as the constitutional basis in the Unitary State of the Republic of Indonesia. He then quoted Article 1 of Law No. 1 of 1974 on Marriage: “Marriage is a relationship of body and soul between a man and a woman as husband and wife with the purpose of establishing a happy and lasting family (household) founded on belief in God Almighty.” He also quoted Article 2 paragraph (1): “A marriage shall be legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned.” Next, he quoted Article 2 paragraph (2): “Each marriage shall be registered according to the regulations of the legislation.”
“[I] believe all of this is relevant to the nation’s religious character that upholds the Constitution in addition to common sense and the natural way of life and death toward true happiness,” he said. He believes that citizens who follow religious teachings must obey religious propositions and revelation, sharia, fiqh, as well as the law.
He also asserted that a harmonious family that is sakinah (tranquil), mawaddah (affectionate) and rahmah (merciful) is an ideal that must be fought for within the same faith. “By prioritizing true revelation, common sense, a safe mind, and [natural life] that has been determined by Allah and preventing harm, the Constitutional Court should reject any petition that challenges the a quo law on marriage,” he said.
The other expert, Abdul Choir Ramadhan, said interfaith marriage was a despicable act in the eye of society. “A legal marriage according to Islamic teachings must fulfill requirements and the law. The two elements cannot be negated, they are universal and fundamental,” he said.
He emphasized that Article 2 paragraphs (1) and (2) and Article 8 letter f of the Marriage Law do not contradict Article 28D paragraph (1) and Article 29 of the 1945 Constitution. “If the material judicial review petition is granted by the Court, it would be tantamount to legalizing adultery because interfaith marriage is a big sin and causes ongoing harm,” he stressed.
Meanwhile, Manager Nasution emphasized that the factors determining the validity of a marriage are the conditions set by the religion and belief both the bride and groom. Meanwhile, marriage registration is an administrative requirement. Thus, it is clear that this arrangement emphasizes respect for religious teachings and beliefs citizens and is a legal condition for marriage without discrimination.
The case No. 24/PUU-XX/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.
He also felt harmed for 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
Editor : Nur R.
PR : Raisa Ayuditha
Translator : Yuniar Widiastuti (NL)
Translation uploaded on 11/4/2022 07:25 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.