Petitioner of Provisions on Marriage Registration for Non-Muslims Absent

Constitutional Justice Enny Nurbaningsih (center) at the panel petition revision hearing with Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh, Monday (9/18/2023). Photo by MKRI/Ifa.

JAKARTA, MKRI — The Constitutional Court held a second judicial review hearing of the provisions on marriage registration for non-Muslims as set forth in Article 34 of Law No. 23 of 2006 on Population Administration on Monday, September 18, 2023 in the plenary courtroom. However, Petitioner Harry Pratama could not attend this petition revision hearing.

The absence of Petitioner of case No. 89/PUU-XXI/2023, Constitutional Justice Enny Nurbaningsih as panel chair announced that the Petitioner’s younger brother had just passed away, so he was unable to attend the hearing.

“Harry Pratama has been properly and legally summoned by the Registrar’s Office and is unable to attend this hearing because his younger brother has just passed away. The Petitioner requested that the petition be withdrawn. Therefore, no revisions were conveyed at this hearing. So, this hearing is declared finished and concluded,” she said alongside Constitutional Justices Suhartoyo and Daniel Yusmic P. Foekh.

Also read: Provisions on Marriage Registration for Non-Muslims Challenged

At the preliminary hearing on Monday, September 4, 2023, the Petitioner revealed that when he had applied for his child’s birth certificate at the Regency/City Population and Civil Registry (Didukcapil), he needed to attach his marriage certificate since he and his spouse are both Christians. However, such a requirement is not expected of Muslim couples. He alleged Article 34 paragraphs (4), (5), and (6) of the Population Administration Law has discriminated against him.

For population registration to be processed, Muslim citizens only need to attach a copy of their marriage certificate from the subdistrict Religious Affairs Office (KUA). Meanwhile, non-Muslim ones have to get another marriage certificate from the Population and Civil Registry since marriage certificates from the church/vihara/temple are ineligible for government’s population registration. Weddings in those places of worship only serves as proof of marriage but not an official, government-registered one. In other words, the Petitioner added, it can be said that the Government only recognizes weddings of non-Muslims if the authorities have issued a marriage certificate.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Tiara Agustina
Translator  : Nyi Mas Laras Nur Inten Kemalasari/Yuniar Widiastuti (NL)

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.

Monday, September 18, 2023 | 15:15 WIB 12