Nama :
Sabbata Saisah Taqwal Ilah
NIM :
1902016145
Kelas
: HKI D3
Hukum
Perdata Islam Indonesia
State Marriage and Civil Marriage
The Role of State Policy on Interreligious
Marriage in Central Java
In
the context of state's obligation to provide legal rights to its citizens, the
void of interreligious marriage regulation becomes a problem since it contrasts
to article 27 of the Constitution of 1945 which concedes that every citizen is
equal before the law. Similarly, Article 28B of the Constitution states that
"everyone has rights to builda family and continue their descendants
through a legal marriage." It also contrasts to Law No. 39 of 1999 on
Human Rights in article 10 paragraph (1) which describes "everyone has the
rights to build a family and continue their descendants through legitimate
marriage and free will". This contoversy even leads to a judicial review
of Law No. 1 of 1974 Article 2 paragraph (1) submitted to the Constitutional
Court with registration number 68/PUU-XII/2014, although the Constitutional
Court finally rejected the petition on the reason that the Marriage Law does not
violate the Constitution.[1]
Marriage
in Indonesia, before the birth of Marriage Law No. 1 of 1974, was regulated in
several laws namely religious law, customary law and the West law. During the
reign of the Netherlands, marriage was arranged in some rules according to the
following grouping. First, Europeans followed the Civil Code
(BurgerlijkWetboek/BW). Second, Chinese in general also followed BW with the
exception of the Civil Registration and the events before marriage. Third, Arabs
and Orientals outside Chinese followed their own customary law. Fourth,
indigenous Indonesian followed customary law in which Christians followed
Marriage Act of Christian, Java, Minahasa and Ambon (Huwelijk Ordinance
Christen Indonesiers Java, Minahasa an Amboina / HOCI) based on Staatsblad No.
74 of 1933.
As
Subektiexplains, the birth of the Marriage Law No. 1 of 1974 symbolized the
beginning effort of government to create uniformity of marriage law and
eliminate its diversity. However, he believes that the provisions of Marriage
Law has not set uniformity asstipulated in Article 66 on "closing
provision" which states that "the rules contained in the Civil Code,
the Marriage Ordinance for Christian People of Indonesia (Staatsblad 1933 No.
74) and Regulation of mixedmarriage (Staatsblad 1898 No. 158) are no longer
valid in so far as regulated in the Marriage Law No. 1 of 1974.”[2]
The
implementation of interreligious marriage in Central Java isdifferent from one
region to another. In Surakarta, the implementationbegins when a couple from
different religion applies for registeringinterreligious marriage to the Civil
Registry Office. The Office thenprovides a rejection letter as the basis for
the couple to apply forinterreligious marriage license to the State Court.
After the Courtgranted license to perform the marriage, then the Civil Registry
Officewill record that interreligious marriage.
Therealso
occurs a model of marriage that does not follow the religion ofhusband or wife;
they choose another religion (outside what they bothbelieve) and rituals they
deem as the most convenient one.Conclusively, in addition to the different
interpretation to the rules ofinterreligious marriages in Indonesia, those
interreligious marriagepolicies closely relate to the religious understanding
of its policymakers and law enforcers.
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