Journal Review State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java

 Nama/NIM : Ahmad Shofa Al Amin/ 1902016132

Kelas: HKI D3

Makul  : Hukum Perdata Islam Indonesia 

Tugas Review Jurnal “State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java” 

Journal Purpose. aims to discuss how the phenomenon of interfaith marriage in Central Java, especially in Surakarta, Semarang and Jepara occurs.

Research Subject. The subjects of this research are Stakeholders, Demographic Officials, and Religious Leaders.

Journal Methods. The research method used is a positivist approach, which seeks to reveal the truth of the existing reality and how the phenomenon of interfaith marriage in Indonesia occurs, especially in Central Java.

Research Result.

A.    Concepts on Legal Policy and Legal Justice

The knowledge and interests of each maker of law enforcement and its enforcer determine the birth of a law, though  in the ideal level , it should aim to uphold public justice. In this sense, law enforcement in Indonesia also should normatively have the authority to determine law using the sense of justice. 

B.  The Rights of Civil Society

The Constitution of 1945 section 28B mentions the rights of citizens to establish a family and Law No. 39 of 1999 on Human Rights article 10 paragraph (1). Human rights in society and nation includes: freedom of religion, of education and teaching, of thought both orally and writing, of having a house or place of residence, of association and assembly, the rights on protection and legal equality, equality of constitutional rights, protection of self and property , individual freedom which the state cannot contested it, and rights to have equal position in the government. To conclude, it appears that the right for marriage is fundamental for citizens as it is a part of civil rights that the state is supposed to guarantee it. 

C.  The Regulation on Interreligious Marriage in Indonesia

The concept of mixed marriage contained in the Marriage Law No. 1 of 1974 has different coverage with Staatsblad 1898 No. 158. Article 64 of Marriage Law states that "what is meant by a mixed marriage in the Marriage Law No. 1 of 1974 is a marriage between two people in Indonesia which are subjected to different laws because of different nationalities in which one of the parties has Indonesian nationality". The regulations of interreligious marriage are separated from normative validity on the Marriage Law with administrative rules in the law No. 23 of 2006 on the demographic administration and this makes interreligious marriage often referred to as a civil marriage.

D.  Administration System and Its Mechanism towards Interreligious Marriage in Indonesia

Law Number 23 of 2006 concerning Population Administration describes the order of important community events, one of which is the marriage event mentioned in Articles 8 and 9 in addition to Articles 34 and 35 which clarify the provisions for registration of marriage. it is clear that critical incidents including spouse marriages outside the Muslim community are recorded at the Population and Civil Registry Service as described in Article 8 of Law Number 23 of 2006. However, the explanation of Article 9 paragraph (1) letter b states that the recording is carried out after the civil record has received the Court's decision which shows that the person concerned has received the District Court's decision.

E.     The Policies of Implementing Interreligious Marriage

The policy makers should have broader understanding about the regulations of interreligious marriage so that they can provide a fiar solution to the whole community including couples who want to perfrom interreligious marriage. In addition, laws on marriage should not contradict each other and have a chance to create different understanding starting from the rules in pancasila as the ideology the constitution of 1945, the marriage law No. 1 of 1974 the demographic administration law No. 23 of 2006 and others.

F.     Interreligious Marriage Between State Policy and Rights of Civil Society

The different policy overshadowed by different understanding on the provision of interreligious marriage at the state court and the office of civil registry in Semarang, Jepara and Surakarta indicates the existence of different interpretation among the law enforcers of the relevant regulation Indonesia. in fact, the policy makers and law enforcers should firstly understand the legal basis of pancasila and the provision in article 29 paragraph (2) of the constitutional of 1945 which states “the state guarantees the freedom of every citizen to profess their own religion” law No. 39 of 1999 on human rights (HAM) article 10 paragraph (1) which explains “every person has the right to build a family and continue their descendant through legitimate marriage and free waill” as well as related article on interreligious marriage which are not esplicitly described in marriage law No. 1 of 1974.

Source: http://ejournal.iainmadura.ac.id/index.php/alihkam/article/view/2689/1866