Kamis 18 Jun 2015 21:53 WIB

MK rejects interfaith marriage

Rep: C37/ Red: Julkifli Marbun
Mahkamah Konstitusi
Mahkamah Konstitusi

REPUBLIKA.CO.ID, JAKARTA -- The Constitutional Court (MK) rejected the application for judicial review of Article 2, paragraph 1 of Law Number 1 of 1974 about Marriage, particularly regarding the interfaith marriage. The constitutional judge, Arief Hidayat, affirmed that the law did not violate the constitution.

"Hearing, stating, and rejecting the petition of the applicant entirely," said constitutional judge, Arief Hidayat, during the reading of the verdict in the Constitutional Court (MK), Medan Merdeka Barat Street, Central Jakarta, on Thursday, June 18.

In the reading of the verdict led by Arief Hidayat, and Anwar Usman, Aswanto, Patrialis Akbar, Maria Farida, I Gede Paguna, Manahan Sitompul, Suhartoyo as members.

According to Judge Arief, the petition filed by the applicant has no legal grounds. After deliberation, the judge believed the religions has become the foundation for communities, individuals, and facilitate the relationship with Almighty God. Meanwhile, the State has a role to ensure legal certainty and to protect the legitimate family formation.

"The marriage is considered valid if it done according to each religion and recorded according to the rules and regulations is not a constitutional violation," said the judge Arief.

According to Judge, the marriage should not be seen just from the formal aspects, but marriage also considered the spiritual and social aspects.

The judge said interfaith marriage in Indonesia is considered illegitimate, such as regulated and stated in Law Number 1 of 1974 about Marriage Article 2 (1).

Previously, the judicial interfaith marriage filed by Damian Agata Yuvens, Rangga Sujud Widigda, Varita Megawati Simarmata. In their petition, the applicant felt their constitutional rights could potentially be harmed by the enactment of the requirement of marriage validity according to religious law. This case was registered under Number 68 / PUU-XII / 2014.

 

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