Jakarta Globe, Nov 25, 2014
Jakarta. Asked about their stance on interfaith marriage as part of a judicial review hearing at the Constitutional Court, three religious leaders on Monday offered conflicting views, increasing the petitioners’ confidence in a successful outcome.
A mass wedding ceremony for couples looking to save money, in Tasikmalaya, West Java, in this Oct. 27, 2014, file photo. (Antara Photo/Adeng Bustomi) |
Jakarta. Asked about their stance on interfaith marriage as part of a judicial review hearing at the Constitutional Court, three religious leaders on Monday offered conflicting views, increasing the petitioners’ confidence in a successful outcome.
In
September, a group of University of Indonesia (UI) law students sought a
judicial review of Article 2(i) of the 1974 Marriage Law, which states that a
marriage is only lawful “when entered in accordance with the laws of the
respective religions and beliefs of the parties.”
This
effectively outlaws interfaith marriages, given that nuptials conducted in one
religion will not be “in accordance” with the laws of another. The petitioners
argue that this clause violates their constitutional right to be allowed to get
married as they choose to.
On Monday,
the Constitutional Court held its second hearing in the case, listening to
statements from representatives from the Bishops’ Conference of Indonesia
(KWI), the Indonesia Hindu Dharma Association (PHDI) and the Supreme Council
for Confucian Religion in Indonesia (Matakin).
Various
views
Father
Purbo Tantomo of KWI said that marriage is essential to human life and that the
state should not interfere in people’s pursuit of happiness.
“A marriage
is performed with the goal of happiness and nobody has the right to act against
God’s will. The state’s job is to protect the individuals’ decision to live
side by side” Father Purbo said, as quoted on the Court’s website. “The state
is responsible to protect marriages and families, but Article 2(i) [of the
Marriage Law] has created difficulties for couples who want to get married.”
“Marriage
and faith are personal affairs. The state should not disrupt that, let alone
infringe on someone’s rights. The two [the right to marry and keep one's faith]
should go hand in hand,” the priest said.
I Nengah
Dana from PHDI said Hinduism does not recognize interfaith marriage. “Marriage
is formalized with a rite called Wiwaha Samskara led by a cleric, so both
[bride and groom] should be Hindu,” he said. Marriage conducted between couples
of different religions was not legitimate, he said, and would in fact amount to
adultery.
Uung
Sendana, from Matakin, stressed the importance of people’s happiness, but said
there were limits to what religious could offer in this regard.
“A marriage
should be conducted to achieve happiness and continue the blood line. No
political view, ethnicity, understanding, culture or even religion can stop
it,” he said. “However, an interfaith wedding cannot be conducted with a
Confucian ceremony.”
During the
first hearing, in October, a lawyer for the Islamic Defenders Front (FPI), said
marriage regulations have to be based on religion.
“The state
[should respect] the regulation that every believer should obey their
respective religion,” said Mirza Zulkarnaen. “A marriage would not be
legitimate if it’s only administrative. Without religion, the administratively
passed marriage would amount to mere cohabitation.”
‘Unclear
regulations’
Damian
Agata Yuvens, one of the petitioners, said in a statement on Monday that the
differences in religious leaders’ opinions should be an important reason for
the Constitutional Court to grant the judicial review request.
“Let the
religions and their respective institutions prohibit interfaith marriage, let
the families prohibit it, but such prohibitions shouldn’t come from the state
in the form of unclear regulations or the actions of officials. Indonesia is
not a country of a particular religion, and if the state only applies one
religion’s rules, the state will be seen as a continuation of that particular
religion’s view,” Damian said.
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