State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriagein Central Java

 

NAMA            : PASTYO YOGATAMA

NIM                : 1402016150

KELAS           : HKI-D3

REVIEW JURNAL

State Marriage and Civil Marriage: The Role of  State Policy on Interreligious Marriagein Central Java

Anthin Lathifah

The article with the title above discusses the phenomenon of interfaith marriage in Central Java, especially in Surakarta, Semarang and Jepara, where stakeholder policies in the justice system and the roles of demographic officials and religious leaders greatly influence each other. Interestingly, the policy of the District Court as an institution authorized to legalize interfaith marriage varies between the three. The Surakarta District Court accepted the petition and allowed interfaith marriages in contrast to Semarang and Jepara which rejected this kind of petition. These differences stem from several factors, namely understanding of Indonesian marriage law, understanding of religion and the role of religious leaders. In the context of the relationship between state and civil society, interfaith couples whose applications were rejected considered it unfair, while those who received the petition also considered it the same because they considered their marriage to be a civil marriage which was not desired by the state. 

Concept of Legal Policy and Legal Justice

The word "policy" is etymologically derived from the word "policy" in English or the Dutch word "politiek". In terminology, policy means a set of concepts or principles that are the basis for doing a job, leadership and how to behave. Thus, the phrase legal policy is synonymous with political law. Mahfudh further said that legal politics is also a legal policy or legal direction that the state needs to enforce to achieve its objectives either by making new laws or replacing old ones.

Meanwhile, Klein explained that policy is conscious and systematic action using means that pursue political goals. According to Carl J Fredrick, policy is an action proposed by a person, group or government under certain conditions by showing the obstacles and opportunities to implement the proposed policies in order to achieve certain goals.

 

Civil Society Rights

Mahfudh said that both Islamic and secular, Indonesia is a country based on Pancasila (Five Pillars). Thus it is not possible to regulate rules regarding civil society by Islam or any other religion. But in reality, the state regulates matters related to religious communities, including marriage issues. He, for example, regulates the legality of marriage based on the provisions of the official religion in Indonesia which is limited to only six religions.

The problem arises when the interfaith marriage policy which is not regulated in the Indonesian marriage law seems to contradict the national constitution, namely the 5th pillar of Pancasila concerning "social justice for all Indonesian people". Furthermore, it also contradicts Article 28B of the 1945 Constitution which states the right of citizens to have families and Law Number 39 of 1999 concerning Human Rights Article 10 paragraph (1) which states that “everyone has the right to build a family and continue. their descendants through legal marriage and free will. "

Arrangement of Interfaith Marriage in Indonesia According to Marriage Law Number 1 of 1974

"Marriage is an inner bond between a man and a woman as husband and wife with the intention of building a happy and eternal family or household based on the one and only God." Marriage in Indonesia Prior to the birth of the Marriage Law Number 1 of 1974 it was regulated in several laws, namely religious law, customary law and Western law. During the Dutch administration, marriage was regulated in several rules according to the following groupings: First, Europeans followed the Civil Code (Burgerlijk Wetboek / BW). Second, Chinese in general also follow BW with the exception of Civil Registration and pre-marriage events Third, Arabs and Easterners outside China follow their own customary laws. Christian, Javanese, Minahasa and Ambonese marriages (Ordinance Huwelijk Christen Ind onesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No. 74 of 1933. Fifth, people who do not belong to anyone from the previous class / group follow the rules of mixed marriage.32 Provisions regarding mixed marriages are regulated in Staatsblad 1898 No. 158. In the first article, it is stated that "mixed marriage is marriage between people in Indonesia who according to different laws". Thus, a mixed marriage is between two people who are in Indonesia but subject to different laws including interfaith marriage as explained in Article 7 paragraph 2 that "differences in religion, race or origin are not an obstacle to marriage". However, the concept of mixed marriage contained in the Marriage Law Number 1 of 1974 has a different scope from Staatsblad 1898 Number 158. Article 64 of the Marriage Law states that "what is meant by mixed marriage in the Marriage Law Number 1 of 1974 is marriage between two people in Indonesia who subject to different laws due to different nationalities where one of the parties has Indonesian citizenship ”.

The implementation of interreligious marriage in Central Java is different from one region to another. In Surakarta, the implementation begins when a couple from different religion applies for registering interreligious marriage to the Civil Registry Office. The Office then provides a rejection letter as the basis for the couple to apply for interreligious marriage license to the State Court. After the Court granted license to perform the marriage, then the Civil Registry Office will record that interreligious marriage. 

It is different from what happens in Semarang and Jepara. In Semarang, interreligious couples cannot perform any marriage settlement and it has forced a temporarily religious subjugation of one spouse to his/her couple's religion for the sake of a legalized marriage. Jepara also experiences the same, even there is a model of interreligious marriage performed in two religious rituas, although they only register one religious marriage to the government. There also occurs a model of marriage that does not follow the religion of husband or wife; they choose another religion (outside what they both believe) and rituals they deem as the most convenient one. Conclusively, in addition to the different interpretation to the rules of interreligious marriages in Indonesia, those interreligious marriage policies closely relate to the religious understanding of its policy makers and law enforcers.