State Marriage and Civil Marriage

Name       : Zaiyana isma annisa’

Class        : HKID3

NIM         : 1902016130

State Marriage and Civil Marriage

The Role of State Policy on Interreligious Marriage in Central Java

(ANTHIN LATHIFA)

A.    Concepts on Legal Policy and Legal Justice

The word “policy” etimologically originates from English word “policy” or Dutch word “politiek”. Terminologically, policy means a set of concepts or principles which from the basis for doing a job, leadership and how to behave. Thus, 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

According to Yudi Latif, Moh Hatta and Supomo formulated the concept the state and its obligation in providing protection to the citizen and their principal rights including civil and political rights such as national and social freedom (article 29 of the amended Constitutional of 1945) and rights to get equality before law and government (article 27 paragraph 1). In fact, in addition to both rights, every citizen also has rights to social, economy and culture as accommodated in the Act of 1945.

C.    The Regulation on Interreligion Marriage in Indonesia

According to Marriage Law No. 1 of 1974, “Marriage is a physically and mentally bond between a man and a woman as husband and wife with intention of building a family or household that is happy and eternal based on the divinity of the one god. The concept of mixed marriage contained in the mariiage law No. 1 of 1974 has different coverage with statsbald 1988 No. 158. That the regulation 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

It is obvius from the above explanation that the critical events including marriages of couples outside moslem communities are listed in the office of population and civil registry as described in the article 8 of law No. 23 of 2006. However the elucidation of article 9 paragraph (1) letter b mentions that the recording is performed after the civil records recives court decision indicating that the person concerned has got a state court’s deicision. Regarding to administrative registration in accordance with Indonesian government regulation No. 9 of 1975 on the implementation of law No. 1 of 1974 marriage article 2.

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.