STOP POLEMICS ON UNREGISTERED MARRIAGES BILL

By Andi Abdussalam

Jakarta, Feb 20 (ANTARA) - The discourse over a controversial bill on unregistered marriages is virtually good for sharing ideas and gathering inputs but while pros and cons are being raised by the public, a religious ministry official  comes up with an appeal to stop the polemics.         "I hope the polemics on the unregistered marriages bill that colors media publications in the country and are raised by the public of late would be stopped because this is still a draft and has not yet been deliberated by the House," Secretary General of the Ministry of Religious Affairs Bahrul Hayat said.          The government, in this case the Ministry of Religious Affairs, is preparing a  bill on unregistered marriages which will carry provisions where unregistered marriages are to be considered a crime and illegal. Violators  are therefore punishable by a maximum of three months in jail or a fine of Rp1 million.          "I don't understand why people and the media kicked a fuss all of a sudden  while the bill is still a draft," Bahrul Hayat said.          The bill is being drafted and is intended to complement Matrimonial Law No.1 / 1974. The drafting of the bill is one of the National Legislation Programs for 2010. It will among others stipulate as illegal and criminal acts of unregistered marriage, contract marriage and  adultery.          It will also stipulate other matrimonial issues such as second, third and fourth marriages, out-of-court divorce and undeserved 'wali' (male relative responsible for a bride). Violators of these 'criminal' offenses are   punishable by a range of six to 36 months in jail or a fine of Rp6 million to Rp12 million.          Hayat explained that the government had no intention to bring to court Muslims who did not register their marriages and had not intention to interfere too far into the privacy of a person. But the government wanted that all citizens would feel safe and be protected administratively.          All babies must have birth certificates and are registered in the civil registration office.  Those who die must also be registered. "Thus, these people will have clear status and legal certainties. In essence, the government wants that all citizens are protected and registered administratively," Bahrul Hayat said.          Those in the camp opposing the bill are of the opinion that unregistered marriage is  legal as long as it is carried out based on the requirements set forth by Islam. The state could not change what is considered by religion legal into illegal.          According to the chairman of the Ulema Council (MUI) for Bangka Belitung province, Yubahar Hasan, unregistered marriage is legal as long as it fulfills the requirements set by the Islamic law.  "In Islam it is legal as long as it fulfills certain requirements such as the presence of the groom and bride, 'wali', there is brideprice and witnesses," he said.          But he admitted that unregistered marriage would do more harm than good because it could disadvantage wives and their children. "This is because they are not registered with the Religious Affairs Office," Hasan said.          However, it is ironical if those who are involved in a marriage which is legal based on Islam should be put in jail only because they do not registered with the civil registration office.          Machrus Ali, leader of the Hidayatul Mubtadiin Islamic Boarding School in Rembang, East Java, said he rejected the draft bill because it could cause innocent people to be put behind bars. After all, unregistered marriage is done in accordance with the requirements set forth by Islam.          He said that unregistered marriage was quite different from contract marriage so that the government should not equalize unregistered marriage to contract marriage and should conduct a field study before it could draft a marriage bill. He expressed concern that it could even cause increase in prostitution because violators on registered marriage would face stiffer criminal punishment (between six to 12 months) than prostitution which is punishable by seven days.          In the meantime, the National Human Rights Commission (Komnas HAM) is of the opinion that the government had better not to interfere too far into the formalities of citizens marriage when it is drafting a bill on marriage.          "The state should only legalize a marriage through registration but not interfere too far into its formalities," Komnas HAM chairman Ifdhal Kasim said. He said excessive interference into the marriage formalities could be categorized as a form of human rights violation by the state.          Therefore, the National Commission for Women (Komnas Perempuan) suggests that the government should be careful in drafting a criminal sanctions against unregistered marriage violators.          "The government should be cautious. It should not happen that the law which is intended to protect women and children would adversely disadvantage them," Komnas Perempuan Deputy Chairwoman Ninik Rahayu said.          The government should conduct socialization and identification of problems before drafting a bill. This is important to know the background of a marriage.       "Moneyed and educated men who have good access to information but involve in a secret unregistered marriage are liable to sanctions. But poor women who have no access to information and have no money  to register their marriages should not be punished," she said.          MUI chairman Amidhan said in the meantime that marriage considered illegal like unregistered marriage was punishable based on the law.  "In reference to the Matrimonial Law in 1974, MUI has issued a religious admonition that a marriage must be legal based on the religious principles and state regulations," Amidhan said.          He said that a marriage which was legal based on religion but did not follow state regulation was against the law. The law requires citizens to report their marriages, if not they could be punished.          However, amid the controversies, Religious Affairs Minister Suryadharma Alie said the draft bill was still in discourse and had not yet been submitted  to the House for deliberation.          The minister said that with the emergence of pros and cons on the draft bill, his ministry would focus on articles regarding unregistered marriage.         "In the religious aspect, unregistered marriage is legal but citizens have to register their marriage in order to protect women and children and their inheritance from their mothers," the minister said.      (T.A014/A/HAJM/17:17/a014) (T.A014/A/A014/A/A014) 19-02-2010