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Indonesian government stands with FPI against interfaith marriages
Jakarta Globe - October 15, 2014
"We'd like the court to reject the plaintiffs' request for a judicial review, as it is unacceptable," Machasin, an adviser to the minister for religious affairs, told the court in Jakarta on Tuesday, as quoted by Kompas.com.
"Everyone is obliged to follow the regulations in our Constitution to guarantee recognition and respect toward one's rights and freedoms."
He claimed that if the court sided with the petitioners – a group of law students from the University of Indonesia – it would somehow "spark disharmony" in the country.
"It could cause social turmoil among our people, who are mostly Muslims," Machasin said, but did not elaborate.
Outside the court, protesters from the Islamic Defenders Front (FPI), a hard-line religious organization, also railed against the call for a judicial review, slamming it as an "inconsequential request."
"If we compromise with this inconsequential request, then they will continue to crush not only religious values but also marriage customs from every ethnic group in the Indonesian archipelago," Mirza Zulkarnaen, a lawyer for the FPI, said on Tuesday.
The petitioners, though, remain adamant about pursuing their objective of getting the court to strike a contentious article from the law that effectively denies state recognition of interfaith marriages.
"We hope the state will facilitate and legalize interfaith marriage as well as facilitate divorce [which is currently forbidden by some religions]," plaintiff Rangga Sujud Widigda said on Tuesday.
"We hope that the state will only deal with the technical aspect of this matter, while the right to interpret the legalization of interfaith marriage itself will be up to each individual."
Another plaintiff, Damian Agata Yuvens, said that if the court approved the judicial review, "it will be an extraordinary legacy for human rights development in our country."
In September, Rangga, Damian and three of their associates 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.
Religious Affairs Minister Lukman Hakim Saifuddin, who has been praised for taking a more moderate stance than his predecessors on key issues, has said only that state will recognize marriages that are in accordance with prevailing statutes.
"Each religion places marriage as a holy ritual. It isn't only a matter of civil administration or state recognition," he said last month as quoted by Tempo.co.
Lukman noted that Indonesia was not a secular country, which would make it difficult to recognize interfaith marriages. "Regarding the judicial review, the plaintiffs should ask Islamist scholars," he said.
Source: http://thejakartaglobe.beritasatu.com/news/indonesian-govt-stands-fpi-interfaith-marriages/.
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