Riview Jurnal HPII_Devi Ratna Putri_1902016127_HKI D3

 Nama  : Devi Ratna Putri

Nim     : 1902016127

Kelas   : HKI D3

RIVIEW JOERNAL ANTHIN LATHIFAH

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

       The word “policy” etimoligically originates from english word “policy” or dutch word “politiek”. Termiligically, policy means a set of concepts or principles which form the basis for doing a job, leardership and how to behave.

  Indonesia is a state based on civil pancasila (five pillars). It is thus impossible to govern rules on civil society bi Islam of other religion. In reality, however, the state regulates issues related to religious communities, including the issue of marriage. It, or intance the validity of marrige based on provisions of official religion in Indonesia, which is limited only to six religions. The proble arises the policy of interrelious marrige which is not regulated in Indonesian marriage law seems contradictory to the national constitution, namely the 5th pillar of Pancasila on “social justice for all Indonesiaan people”. Furthoremore, it is also cantrary to the Constitution of 1945 section 28B which mentions the rights of sitizens to establish a family and Law No. 39 of 1999 on Human has rigths article 10 paragraph (1) which writes that “every person has the rights to build a family and continue their descendants through legitimate marrige and free will”. According to Marriage Law No.1 of 1974, “marriage is a physically and mantaly bond between a man and a woman as husband and wife intention af building a family or household that is happy and enternal based on the Divinity of the One God”. Marriage in Indonesia, before the birth of marrige Law No. 1 of 1975, was legulated in several laws namely religious law, custumary law and the west law.

Law No. 1 of 1974 orders the state to only legalize the some religious marrige. Some tespictive learders, however, have different opinions on this issuei in which some of them interprets that a marriage has to perform which couples of the some religion while some others interprents that a marriage can be valid between couple of differents religions.Everyone has the right to build a family and continue the descendnts through legitimate marriage. Other than that, 28 E states that everyone is free to bilieve in religion and to worship according to their religion. Furthermore, articele 29 paragraph (2) staters that “the state guarantees the freedom of every citizen to profess their own religion.

Laws on marriage shoud not contadict each other and have a chance to create different understanding starting from the rules in Pancasila as the state ideology, the constitution of 1945, the Marriage Law No.1 of 1974, the Demographic Administration Law No. 23 of 2006 and others. A state, according to Rawl’s cincept, should ideally give a sense of justice for is people not only in normative level but also in the procedural ones. Trus, when the freedom to practice religion has been normatevely specified in the Indonesia constitutional law, namely article 29 of the constitution of 1945, the issue of interreligious marriage should have been regulated in detail in marriage law No. 1 of 1974. Policies of state stakeholders then exacerbate this condition by considering uncomprehensive understanding on the provisions of interreigious marriage.

Sumber: Lathifah, Anthin. 2020. State Marriage and Civil Marriage: The Role of State Policy on Interreligious Marriage in Central Java. Jurnal Hukum dan Pranata Sosial, 15(1), 5-15