The MK Verdict That Rejects Interfaith Marriage
2 February 2023 10:19 WIB
TEMPO.CO, Jakarta - The Constitutional Court (MK) panel of judges has rejected the lawsuit filed by E. Ramos Petege against Law No.1/1974 concerning Marriage. More specifically, the young man from Gabaikunu Village, Papua Province, aimed to help legalize interfaith marriage.
MK chief justice Anwar Usman read the verdict in Jakarta, on January 31. The Constitutional Court in its legal considerations stated that there are interrelated interests and responsibilities of religion and the state in marriage.
“MK has provided a constitutional basis for the relationship between religion and the state in marriage law, that religion determines the validity of marriage, while the state determines the administrative validity of marriage within the legal framework," constitutional judge Enny Nurbaningsih state, the official MK website reported.
A Prerequisite, Not A Right
Enny explained, based on the formulation of Article 28B paragraph (1) of the 1945 Constitution, there are two rights that are explicitly guaranteed, namely the right to form a family and the right to maintain offspring. The next phrase shows that a valid marriage is a prerequisite in order to protect the two rights mentioned earlier.
That is, marriage is not placed as a right, but as a prerequisite for the exercise of the right to form a family and based on this description. There are fundamental differences between the Universal Declaration of Human Rights (UDHR) and the 1945 Constitution in the context of protecting the right to marry.
The State Guarantees Legal Status of Citizens Through Legal Marriage
The Constitutional Court states that the country’s interference in the organization of marriages should not become a religious interpreter for the validity of marriages. In this case the state follows up on the results of the interpretation of religious institutions or organizations to ensure that marriages must be in accordance with their respective religions and beliefs.
According to the Constitutional Court, the provisions of Article 2 paragraph (1) of Law 1/1974 provide a corridor for the implementation of marriages that in order for a marriage to be valid, the marriage is carried out according to the laws of each religion and belief. The application of the provisions of Article 2 paragraph (1) does not impede anyone's freedom to choose their religion and belief.
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