Interfaith marriage, which had been a sharp polemic, back into the spotlight when a number of alumni and a student of the Faculty of Law, University of Indonesia is suing some of the contents of Act No. 1 of 1974 concerning marriage.
They filed a judicial review to the Constitutional Court, the Court, on an article that considered multiple interpretations to the detriment of the bride interfaith marriage, says the BBC's Indonesia, Heyder Affan.
The applicant disputed clause, which reads: "The marriage is valid if done according to the law of each religion and the belief."
"This article raises legal uncertainty, since it is not clear which party has the authority to interpret religious law or where applicable belief in marriage," said Damian Agata, one-an applicant.
In a further hearing, Thursday, December 4th, legitimate requirement marriage under the laws of religion confronts a number of expert witnesses presented by the applicant.
Clergy expert witness said Frans Magnis Suseno not impose state duty of citizens to marriage according to one-on-one rule of religion, even though the state is required to regulate marriage according to their religious teachings.
"Because in the state of Pancasila, the state does not regulate religion, but give space protection, encouragement."
"But what religious life is run, must be decided each citizen according religions and religious beliefs," said Frans Magnis, who is also professor of philosophy.
That is why, according to him, there should be the possibility of unauthorized people to get married in front of the state, although not follow the rules of one-on-one religion.
Does not provide legal certainty
Meanwhile, the expert witness Kunthi Tridewiyanti of National Commission for Women, said the content of the article shows the uncertainty in the position of the state can issue the validity of a marriage or religious differences.
"Although there is no explicit prohibition against parties to perform religious marriages, but the interpretation of religion for law enforcement so strong to preclude inter-religious marriage," said Kunthi.
According to him, the material section was as if there was no problem in the text, but in the situation of Indonesia, which describe the community and legal pluralism, the possibility of multiple interpretations is enormous.
"So it's possible implementation is dependent upon the individual, group, chiefly officers and officers," he said.
Unfortunately, he added, it is left to the state and does not provide legal certainty to the "people of different religions fall in love and want to mate."
"In a human rights perspective, this condition is discriminatory and causes of violence against women," he continued.
'In fact not known'
According to the applicant, the wedding arrangements as stated in Article 2, paragraph 1 shall not have implications for the validity of marriages performed outside the law of each religion and belief.
"What we want to ask here is, we want that the rights of religious law which would
is used, it is in each of the bride, "said Damian Agata, one-one applicant, the BBC Indonesia.
This request is questioned by members of the Law Commission of the Indonesian Ulema Council, MUI, Neng Djubaedah, which is also the faculty of Islamic law at the Faculty of Law, University of Indonesia.
He said demand changes to the content of article 2, paragraph 1 of Law No. 1 of 1974 on Marriage, does not have a strong legal reasons.
"They would be taken personally. The implementation of the rules was handed to each of the bride, it even becomes not frivolous," said Neng Djubaedah.
"Want what it will be. Though each religion there own rules," he added.
Interrogate Law
However the contents of the Marriage Law section 1974 makes it a little bride interfaith marriage made every effort to work around this.
This also emphasized the applicants say, the bride interfaith marriage 'has a negative adapt' to be able to avoid the keberlakukan article is by doing 'smuggling law'.
They are essentially considered unlikely perform interfaith marriage if it relied on the rule.
AW -which had married a Muslim and Christian-religious women said that since at the village plans to perform interfaith marriage has been blocked by the wall.
"Loh, you can not marry, you have to convert," said AW quoting village employees. It continues to face at the level of bureaucracy on it.
Facing rejection of the state through its agents, the man from Surabaya then have to "get around" to "take care of the conversions".
"Let legally entitled ... In fact, the belief (i) fixed earlier religion (Islam)," he said.
So far the Religious Council at the central level, MATP, which oversees the Council of Ulema Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism agreed to give full authority to each religion to make the provisions of marriage according to the teachings of his religion, including the provision of interfaith marriage.
They filed a judicial review to the Constitutional Court, the Court, on an article that considered multiple interpretations to the detriment of the bride interfaith marriage, says the BBC's Indonesia, Heyder Affan.
The applicant disputed clause, which reads: "The marriage is valid if done according to the law of each religion and the belief."
"This article raises legal uncertainty, since it is not clear which party has the authority to interpret religious law or where applicable belief in marriage," said Damian Agata, one-an applicant.
In a further hearing, Thursday, December 4th, legitimate requirement marriage under the laws of religion confronts a number of expert witnesses presented by the applicant.
Clergy expert witness said Frans Magnis Suseno not impose state duty of citizens to marriage according to one-on-one rule of religion, even though the state is required to regulate marriage according to their religious teachings.
"Because in the state of Pancasila, the state does not regulate religion, but give space protection, encouragement."
"But what religious life is run, must be decided each citizen according religions and religious beliefs," said Frans Magnis, who is also professor of philosophy.
That is why, according to him, there should be the possibility of unauthorized people to get married in front of the state, although not follow the rules of one-on-one religion.
Does not provide legal certainty
Meanwhile, the expert witness Kunthi Tridewiyanti of National Commission for Women, said the content of the article shows the uncertainty in the position of the state can issue the validity of a marriage or religious differences.
"Although there is no explicit prohibition against parties to perform religious marriages, but the interpretation of religion for law enforcement so strong to preclude inter-religious marriage," said Kunthi.
According to him, the material section was as if there was no problem in the text, but in the situation of Indonesia, which describe the community and legal pluralism, the possibility of multiple interpretations is enormous.
"So it's possible implementation is dependent upon the individual, group, chiefly officers and officers," he said.
Unfortunately, he added, it is left to the state and does not provide legal certainty to the "people of different religions fall in love and want to mate."
"In a human rights perspective, this condition is discriminatory and causes of violence against women," he continued.
'In fact not known'
According to the applicant, the wedding arrangements as stated in Article 2, paragraph 1 shall not have implications for the validity of marriages performed outside the law of each religion and belief.
"What we want to ask here is, we want that the rights of religious law which would
is used, it is in each of the bride, "said Damian Agata, one-one applicant, the BBC Indonesia.
This request is questioned by members of the Law Commission of the Indonesian Ulema Council, MUI, Neng Djubaedah, which is also the faculty of Islamic law at the Faculty of Law, University of Indonesia.
He said demand changes to the content of article 2, paragraph 1 of Law No. 1 of 1974 on Marriage, does not have a strong legal reasons.
"They would be taken personally. The implementation of the rules was handed to each of the bride, it even becomes not frivolous," said Neng Djubaedah.
"Want what it will be. Though each religion there own rules," he added.
Interrogate Law
However the contents of the Marriage Law section 1974 makes it a little bride interfaith marriage made every effort to work around this.
This also emphasized the applicants say, the bride interfaith marriage 'has a negative adapt' to be able to avoid the keberlakukan article is by doing 'smuggling law'.
They are essentially considered unlikely perform interfaith marriage if it relied on the rule.
AW -which had married a Muslim and Christian-religious women said that since at the village plans to perform interfaith marriage has been blocked by the wall.
"Loh, you can not marry, you have to convert," said AW quoting village employees. It continues to face at the level of bureaucracy on it.
Facing rejection of the state through its agents, the man from Surabaya then have to "get around" to "take care of the conversions".
"Let legally entitled ... In fact, the belief (i) fixed earlier religion (Islam)," he said.
So far the Religious Council at the central level, MATP, which oversees the Council of Ulema Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism agreed to give full authority to each religion to make the provisions of marriage according to the teachings of his religion, including the provision of interfaith marriage.
0 komentar:
Posting Komentar