Jakarta Globe, Kennial Laia, Basten Gokkon & Erwin Sihombing, Jun 19, 2015
Couples of different religions will still not have their marriages officially sanctioned after the Constitutional Court rejected a judicial review of the1974 Marriage Law. (JG Photo/Fajrin Raharjo) |
Jakarta.
Human rights activists have lambasted the Constitutional Court for rejecting a
judicial review calling for official recognition of interfaith marriages,
saying the ruling failed to protect the rights of those wishing to marry
someone of a different religion.
Poengky
Indarti, the executive director of the rights watchdog Imparsial, said that
with the ruling handed down on Thursday, the government would continue to have
free rein in interfering with individual privacy. She said that by not granting
the judicial review of the 1974 Marriage Law, the court had deprived
mixed-faith couples of the right to have their union sanctioned by the state.
“The
marriage law should have been formulated to provide a solution for couples with
cultural and religious differences, and even different citizenships,” Poengky
told the Jakarta Globe on Friday.
“The
country shouldn’t limit its citizens’ choice to marry based on a religion
sanctioned by the state. With this rejection, the government will continue to
not accommodate interfaith marriage. The government will not legitimize the
rights of those who want to marry a partner from a different religious
background. This is not fair,” Poengky said.
She said
many couples were compelled not to marry, or to undergo often disingenuous
religious conversions in order to register their marriage with the government’s
Religious Affairs Office. Others who can afford to choose to get married
overseas and then have their foreign marriage certificate notarized once they
get back.
Hendardi,
the chairman of the Setara Institute, a rights and democracy watchdog, called
Thursday’s ruliing discriminatory and said other means must be found to ease
the burden of interfaith couples who face difficulty trying ti register their
marriage with the state.
“Because
the country has refused to legalize interfaith marriage, there should be other
mechanisms that can make it possible. Otherwhise people will continue to be
discriminated against in this regard,” he said.
De facto
ban
The ruling
was the culmination of a judicial review process begun last year when a group
of five petitioners sought to challenge Article 2 of the 1974 Marriage Law,
which states that a marriage is only considered legitimate by the state if
conducted according to the religious traditions and beliefs of the bride and
groom.
The article
has long been considered a de facto, if not explicit, ban on interfaith
marriages, given that wedding rites vary among different religious beliefs,
thus making it impossible for a mixed-faith couple to fulfill the requirement
of the article.
The
Constitutional Court, however, ruled that the article should stand.
“The court
rules that the petitioners’ request does not have a legal basis and therefore
rejects the appeal for a judicial review,” Chief Justice Arief Hidayat said.
The court
did not consider the clause that effectively outlaws interfaith marriage a
violation of the Constitution, Arief said, because marriage does not only
include formal aspects, but also “spiritual and social” aspects.
The court
stated that religion was an important platform for individuals and communities
when they establish a marriage, and that the state must provide legal certainty
and protection for nuptials.
The court
also rejected the petitioners’ request to raise the legal age for marriage to 18
years from 16 at present, based on recommendations from the Women’s Health
Foundation (YKP) and the Child Rights Monitoring Foundation (YPHA).
The court
said that raising the legal age for a marriage would not guarantee a decrease
in the number of women potentially at risk of reproductive health problems,
adding that the law as it stood already took into consideration all health,
social and financial aspects when stipulating a minimum age of 16.
The
petitioners had argued that the current legal age also violated girls’ right to
complete their education and could lead to a higher maternal mortality rate.
Indonesia already has the highest maternal mortality rate in Southeast Asia.
The
Indonesian Council of Ulema (MUI) welcomed the ruling as “in line with all
religions.”
“Besides,
there’s no religion that encourages its congregation to mary a person of a
different faith,” MUI secretary general Tengku Zulkarnain said on Friday as
quoted by Republika Online.
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