New appeal against Indonesia’s ban on interfaith marriages
A young Muslim man in a relationship of "mutual respect" with a Christian woman has gone before the Constitutional Court to challenge Article 2 of the Marriage Law because of its ambiguity. Currently, the Civil Registry Office only register marriages performed by religious authorities. Two justices are calling for laws to better respect rights.
Jakarta (AsiaNews) – In Indonesia, people cannot marry outside their religion. Marriage is only legal if it follows the rules of a particular religion, then registered at the Civil Registry Office (Kantor Catatan Sipil).
In practice, two people who love each other cannot marry unless issues related to their respective religious affiliations are resolved peacefully. By law, marital status is deemed legal if it is performed by a religious authority, and then registered with civil authorities.
Recently, an appeal has been filed with Indonesia’s Constitutional Court to ensure that marriage between people of different religious faiths are not blocked. The appeal comes from a young Muslim man, Muhamad Anugrah Firmansyah, who is challenging certain provisions of the Marriage Law.
The challenge, which has not yet been decided, points to articles that lack legal certainty. It cites "constitutional harm" to the petitioner due to ambiguities in Article 2, paragraph 1, of the Marriage Law, because it prevents him “from marrying a partner of a different religion."
He emphasised that his two-year relationship with a Christian woman is based on mutual respect for their respective faiths, but that their relationship is hampered by misinterpretations.
The request calls on the Constitutional Court to rule that Article 2 cannot be used by courts as a legal basis to reject applications for interfaith marriages.
The young man also raised the issue of Supreme Court Circular No. 2 of 2023, which essentially prohibits courts from registering interfaith marriages.
He argues that existing regulations disadvantage couples due to a lack of legal clarity regarding the rights and obligations of spouses, children, and other matters.
“If the Court grants the request for judicial review, the constitutional harm suffered by the petitioner will not occur, or will no longer occur,” the appeal reads.
The latter notes that, although Law No. 23 of 2006 on Population Administration allows the registration of interfaith marriages by virtue of a ruling, its application has been inconsistent, with only some courts granting such requests, while others have rejected them.
It is stresses that Supreme Court Circular No. 2 of 2023, which prohibits courts from granting such requests, constitutes a valid reason to reconsider the constitutionality of the provision.
The Indonesian Constitutional Court has repeatedly rejected requests to legalise interfaith marriages in Indonesia.
In its 2014 and 2023 rulings, it did so based on the notion that a marriage’s validity is not merely administrative, but is also linked to spiritual and social aspects regulated by religion, and that the state must follow religious interpretations.
In practice, the Court holds that the validity of a marriage is determined by a person's religion and beliefs, while the state's role is only to register marriages administratively based on the law.
The Court maintains that Article 2, paragraph 1, of the Marriage Act does not limit the individual's right to choose or practise a religion, but rather guarantees that marriage must be celebrated in accordance with one's religious beliefs.
In its most recent ruling in 2023, the Court stated that there was no urgent need to change its previous position. However, at least two Constitutional Court justices expressed reservations about the 2023 decision.
They argue that the government and the House of Representatives should review and revise the relevant articles to make them more humane and respectful of citizens' rights.
In 2020, a Surabaya court accepted the application of an interfaith couple, basing its decision on human rights considerations.
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25/11/2014
20/07/2023 19:52
