Initially, The Constitutional Court's Initial Lawsuit And Balance Rejected Different Religions

YOGYAKARTA It's good to discuss the rejection of the Panel of Judges of the Constitutional Court (MK) against the lawsuit of Law Number 1 of 1974 concerning Marriage. In the main application, the petitioner considers that the state cannot prohibit or does not recognize marriage that is of different religions. So what are the considerations for the Constitutional Court to reject marriage of different religions?

As is known, a lawsuit against the marriage law was filed by E. Ramos Petege, a young man from Gambaiunu Village, Central Mapia, Papua Province. The lawsuit was filed because he failed to marry an Islamic woman, while he was himself a Catholic. This failure resulted in Ramos' lawsuit against the Constitutional Court's Marriage Law.

To the Constitutional Court, Ramos requested that Article 2 paragraph 1 and paragraph 2, and Article 8 letter f of Law No. 1 of 1974 violate the law or unconstitutional.

Ramos assessed that marriage is a human right that becomes God's stipulation or destiny so that everyone has the right to marry anyone regardless of religion. On this basis, the state cannot prohibit and must recognize marriage of different religions.

The background of the lawsuit against each Article is as follows.

Ramos sued the Law on Marriage in Article 2 Paragraph (1) because according to him the article gave rise to different interpretations of the so-called "laws of each religion and belief". According to him, many religious institutions do not want to hold different religious marriages, and even there is a refusal to record civil records officers.

According to Ramos, Paragraph 2 in Article 2 gives an interpretation for the implementers of Law Number 1 of 1974, it is not possible to hold marriages of different religions by generalizing various interpretations of religious law, and their respective beliefs to avoid marriage of different religions.

Ramos assessed that this article raises ambiguity, running away, legal uncertainty in the context of marriage of different religions as a legal event that is permissible or prohibited in their respective laws and beliefs.

Regarding Ramos' lawsuit, the Constitutional Court rejected the lawsuit regarding marriage. The rejection was carried out against the lawsuit as a whole.

"Rejected the applicant's application in its entirety," said Chief Justice of the Constitutional Court Prof. Anwar Usman in reading the verdict in Jakarta, Tuesday, January 31, as reported by Antara.

Then what are the considerations of the Constitutional Court in rejecting the lawsuit against the marriage law of different religions?

On the official website of the Constitutional Court of the Republic of Indonesia, it is stated that the Constitutional Court in its legal considerations stated that marriage has an interest and responsibility for religion and the state and both are interrelated.

The Constitutional Court in its legal consideration stated that in marriage there are interrelated religious and state interests and responsibilities.

"So through Decision Number 68/PUU-XII/2014 and Decision Number 46/PUU-VIII/2010, the Constitutional Court has provided a basis for the constitutionality of religious and state relations in the law of marriage that religion stipulates the validity of marriage, while the state stipulates the administrative validity of marriage in the corridor of law," said Constitutional Justice Enny Nurbaningsih.

Enny said that according to the formulation of Article 28B paragraph (1) of the 1945 Constitution, there are two rights guaranteed by the state, namely the right to form a family and the right to continue descendants. Both rights can be given on condition of holding a marriage. This means that marriage is not as a right but as a condition for fulfilling the right.

You cannot form a family and continue your descendants if it is not carried out through a legal marriage. By using legal rules, something that is a requirement for an obligation, the law becomes mandatory, then a legal marriage is also a constitutional right that must be protected," said Enny.

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