Jakarta, Sept 13 (Antara) - Controversies over interfaith marriages,
which are not recognized by the state based on the matrimonial law, are
now rising amid a judicial review filed by five petitioners with the
Constitutional Court (MK) against the ruling.
Five graduates and students from the University of Indonesia have filed
a review request with the MK against Article 2 point 1 of Marriage Law
No. 1/1974, which they believe is against the constitution.
The
petitioners are of the view that the presence of Article 2 point 1 of
the law is a threat to their constitutional rights and a violation of
the right of religious freedom.
The article stipulates that a marriage is only legitimate if it has
been performed according to the laws of the respective religious beliefs
(of the marrying couple).
The move has prompted the Indonesian Central Council of Religions
(MATP)--which is a group with representatives from the Indonesian Ulemas
Council (MUI), Communion of Indonesian Protestant Churches (PGI),
Indonesian Catholics Bishop Conference Council (KWI), Indonesian Hindu
Dharma Council (PHDI), Indonesian Buddhist Council (Walubi), and
Konghucu Council (MATAKIN)--to hold a meeting to discuss the interfaith
marriage issues on Friday.
"It is coercion by the state in obliging its citizens to base their
marriages on the rules of their religion and faith. It is a violation
against religious freedom as recognized by Article 28E points 1 and 2,
Article 28I point 1, and Article 29 point 2 of the 1945 constitution,"
Damian Agata Yuvens, one of the petitioners, said when reading his
petition request at the MK on Thursday.
The five petitioners--Damian Agata Yuvens, Rangga Sujud Widigda, Varida
Megawati Simarmata, Anbar Jayadi, and Luthfi Saputra--were also of the
view that Article 2 point 1 of the marriage law restricts citizens'
rights to a marriage.
The petitioners argued that controversies had also emerged because the
law on interfaith marriage had led to many people getting converted to
other religions only because they wanted to marry a partner from a
different religion.
Therefore, the petitioners asked the MK to give a verdict that Article 2
point 1 of Law No. 1/1974 is against the 1945 constitution, and
therefore it is not legally binding.
The People's Advocacy and Studies Institute (ELSAM) supported the move
to review the law. ELSAM Director Indriaswati Saptaningrum stated that
the judicial review is a test to the state in its efforts to uphold
human rights.
"This concerns the government's commitment to upholding human rights.
The marriage law did not accommodate the interest of communities of
faiths who do not profess mainstream religions recognized by the
government in the country," said Indriaswati on Tuesday.
She noted that until now marriages could only be recognized and
accepted as legitimate if they were carried out based on the principles
of major religions. If the government is willing to be consistent with
upholding human rights, it should also be prepared to include interfaith
marriage in its official population registration.
"So, the state should provide a chance for its citizens to not follow
religious principles in the context of marriage," she said, adding that
the amended Article 28 of the 1945 constitution protects Indonesian
citizens' right in developing families, cultural identities, and
traditions.
However, this view is opposed by the Legal Advocacy and Human Rights
Center (Paham), which is of the opinion that interfaith marriage carried
out inside Indonesia is against the constitution.
"A marriage can only be claimed as legitimate if it is performed based
on the principles of religion and faith (of the married couple)," Paha
Director Ryan Muthiara Wasti stressed.
He noted that Indonesia with its Pancasila philosophy is based on the belief in one God.
"In principle, Indonesia should never be separated from religious
philosophies," Ryan said, adding that to consider the interfaith
marriage as legitimate is against the basic values of the Indonesian
people.
"Legitimizing interfaith marriage is misleading and could dilute the
values contained in the Pancasila, which is the state philosophy," Ryan,
who is also a lecturer at the Faculty of Law of a university in
Indonesia, said.
He stated that the presence of different religions could not be separated from the nation's and state's life.
Therefore, the MATP had concluded in its meeting on Friday that matters
relating to the legitimacy of interfaith marriage should be decided by
the respective religion.
"We have agreed to fully leave the authority to each religion to
regulate whether it will permit or ban interfaith marriages based on its
teachings," said Slamet Effendy Yusuf, who represented the MUI during
the announcement of the MATP agreement at MUI office on Friday.
The agreement was based on the awareness that as marriage is a sacred
event, it should be based on the teachings of the religion of respective
individuals, he said.
The state's obligation will come after a religion has given legitimate status to a marriage, Slamet explained.
"The state must register a marriage after a particular religion gives
it a legitimate status based on Law No. 1/1974," he pointed out. The
state also has the obligation to register a marriage, which has been
legitimized by the religious court and is registered at the Civil
Registration office based on Law No. 23/2006 in conjunction with Law No.
24/2013 on Population Administration.
The MATP will not directly reject or accept an interfaith marriage,
because such an attitude is against the right of religion, he
added.***3***
(T.A014/INE)
EDITED BY INE
(T.A014/A/BESSR/A. Abdussalam) 13-09-2014 19:00 |
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