APSN | Interfaith marriages still unsanctioned as court rejects judicial review

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Interfaith marriages still unsanctioned as court rejects judicial review

Jakarta Globe - June 18, 2015

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Erwin Sihombing, Jakarta – Indonesia's Constitutional Court on Thursday rejected a petition for a judicial review of Indonesia's law on marriages, which, among other things, does not recognize interfaith unions.

Last September, five people submitted a motion for a judicial review of the 1974 Marriage Law, which requires all marriages in Indonesia to be conducted "in accordance with the respective religious beliefs of the bride and groom." The petitioners argued the law violated the Constitution and state ideology of Pancasila. On Thursday, however, the petition was turned down.

"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 as 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.

"We definitely respect the court's decision, but we will study the verdict and consider all options before deciding our next move," Damian Agata Yuvens, one of the petitioners, told reporters after the ruling.

Source: http://thejakartaglobe.beritasatu.com/news/interfaith-marriages-still-unsanctioned-court-rejects-judicial-review/.