Chief Justice Anwar Usman opening the ruling hearing for the judicial review of Law No. 23 of 2006 on Population Administration, Wednesday (9/27/2023). Photo by MKRI/Ifa.

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JAKARTA (MKRI) — Chief Justice Anwar Usman read out the decree on the judicial review of Article 34 paragraphs (4), (5), and (6) of Law No. 23 of 2006 on Population Administration on Wednesday, September 27, 2023. The ruling hearing for case No. 89/PUU-XXI/2023, filed by Harry Pratama, took place in the plenary courtroom.

The Constitutional Court received the petition on July 25, 2023 and based on Article 34 of the Constitutional Court Law had held the panel preliminary hearing on September 4. Then, based on Article 39 of the Constitutional Court Law and Article 41 paragraph (3) of Constitutional Court Regulation (PMK) No. 2 of 2021, the panel advised the Petitioner to revise the petition.  However, on September 15, the Petitioner sent a letter to the Court’s summons officer that he would not continue the petition and request it be withdrawn.

Then, on September 18, the Court held a panel petition revision hearing. However, until the hearing was opened to the public, the Petitioner was not present. Then, on a justice deliberation meeting on September 21, the Court concluded that the petition withdrawal was approved and that the petition cannot be resubmitted.

“[The Court] grants the withdrawal of the petition; declares petition No. 89/PUU-XXI/2023 on the judicial review of Article 34 paragraphs (4), (5), and (6) of Law No. 23 of 2006 on Population Administration against the Constitution of the Republic of Indonesia withdrawn; holds that the Petitioner cannot resubmit the petition,” Justice Anwar said delivering the decree without the Petitioner’s presence.

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Provisions on Marriage Registration for Non-Muslims Challenged

Petitioner of Provisions on Marriage Registration for Non-Muslims Absent

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 had 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.

The Petitioner claimed this to be a form of implicit discrimination and intimidation of citizen’s rights. He wondered how the Government made non-Muslims a special requirement based on Article 34 paragraphs (4), (5), and (6) of Law No. 23 of 2006 on Population Administration Law. Such discrimination would restrict non-Muslim citizens from obtaining their rights as citizens when facing bureaucracy. It also compels them to use scalpers to save time. The Petitioner alleged that the Government had led citizens into using money to solve this issue.

Author       : Sri Pujianti
Editor        : Lulu Anjarsari P.
PR            : Andhini S.F.
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.

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