The Story Of The Surabaya District Court Accepting Marriage Is Different Religions

Marriage is a sacred and special procession for many people. Two pairs of different sexes say the sacred promise. As a result, all kinds of conveniences for marriage are present when both are in faith. Alias has the same religion. It's different from those with different religions.

The law in Indonesia does not want a different religious marriage to happen. However, the whole of Indonesia was dumbfounded when the Surabaya District Court (PN) allowed marriage of different religions in 2022. First, to uphold human rights. Second, so as not to get together.

The love story of different religions often drains the mind. A pair of lovers will surely find conclusions between separation or conversion so that they can get married. However, not with a partner with the initials RA (Islam) and EDS (Kristen).

Instead of choosing to separate or convert to religion, the two of them insisted on having a different religion marriage. RA and EDS also married twice, in an Islamic and Christian way. The happy procession wants to be recorded at the Surabaya Population and Civil Registration Office (Dukcapil).

The results were as before: rejected. RA and EDS seemed to refuse defeat. They moved to apply to the Surabaya District Court so that their marriage could be legal in April 2020. The desire to marry of different religions was finally answered on April 26, 2020.

The Panel of Judges at the Surabaya District Court granted their second request. As a result, the Surabaya District Court allowed the two married couples of different religions. The Surabaya District Court also ordered the Surabaya Dukcapil to include their marriage in the marriage register.

In particular, the decision came out because the judge considered human rights. This means that everyone has the right to form a family and continue their descendants with a legal marriage and so they don't get together.

This wish was translated by a judge at the Surabaya District Court from extracting the meaning of the 1945 Constitution regarding humans who can always embrace their respective religions. The Dukcapil finally issued a marriage certificate on June 9, 2022.

"For yesterday's weather, because the provisions of the applicable requirements are sufficient, we will process it. Because in the law it is stated that the dukcapil is given the task of carrying out what is the judge's decision in court so that we issue it," said the Head of the Surabaya Dukcapil Service, Agus Imam Sonhaji as quoted on the Indonesian BBC page, June 22, 2020.

The determination of the permit granted by the Surabaya District Court became a polemic. Pros and cons have sprung up. Those who support think that the Surabaya District Court is acting appropriately because love should not be opposed. Moreover, Indonesia presents freedom of embracing religion for each individual.

Those who refuse are no less. The strongest rejection emerged from the Indonesian Ulema Council (MUI). MUI strongly opposes decision No. 916/Pdt./2022/PN/Sby. MUI regrets the decision of the Surabaya District Court which was reckless and allowed marriage of different religions.

The clerical institution asked the Surabaya District Court to refuse. This condition is because marriage of different religions is seen as contrary to the rules set up by the state. Take for example in Law No. 1 of 1974 concerning Marriage.

Article 2 paragraph 1 contains the message of marriage is legal, if it is carried out according to the law of each religion and its belief. Not to mention that marriage of different religions is also seen as out of what is outlined by the 1945 Constitution.

Freedom of embracing religion is considered by MUI not to be interpreted in the direction of marriage, it may be different religions. The context is more about freedom of blasphemy and belief. The rejection by MUI continues when the lawsuit for judicial review of the Marriage Law enters the kitchen of the Constitutional Court (MK) from September 26, 2022.

MUI again emphasized that marriage of different religions is haram. The Constitutional Court saw for themselves the case of the Surabaya District Court making votes related to marriage of different religions increasingly emerge. The Constitutional Court immediately concluded on January 31, 2023.

The Constitutional Court refuses to legalize marriage of different religions in Indonesia. This rejection is because the Constitutional Court still thinks that marriage must be religious and religious. Whoever married a different religion, the state will not legalize its marriage.

"Reject the Petitioner's petition in its entirety. The Court remains in its stance on the constitutionality of a legal marriage is what is done according to his religion and belief and every marriage must be registered in accordance with statutory regulations," said Chief Justice of the Constitutional Court, Anwar Usmans as quoted on the website.com, January 31, 2023.