Looking At The Rules For Marriage Of Different Religions In Indonesia, Can It Be Disbursed To The Civil Registry Office?

Marriage illustration (photo: Pixabay/Jupilu)

YOGYAKARTA Some of us may have encountered a marriage of different religions, whether it was relatives, friends, or celebrities. One of the things that was excited was Rizky Febian and Mahalini's wedding plans.

Rizky, who is Muslim, will marry Mahalini, who adheres to Hinduism. However, Sule confirmed that Mahalini had converted before the wedding plan was announced.

So, what are the rules for marriage of different religions in Indonesia?

Basically, the marriage law in Indonesia does not strictly regulate marriage of different religions.

According to Law Number 1 of 1974 concerning Marriage Law (UU Marriage), what is meant by marriage is the inner bond of mind between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on one Godhead.

Article 2 paragraph (1) of the Marriage Law states that a marriage is considered legal if:

From the explanation above, it can be concluded that the marriage law leaves it to the teachings of each religion related to the rules of marriage of different religions.

However, the Supreme Court (MA) once issued a decision that marriage of different religions could be registered with the Civil Registry Office.

This provision is stated in Supreme Court Decision No. 1400K/PDT/1986. The decision stated that the Civil Registry Office at that time was allowed to have a different religion marriage. This case stems from a marriage that is to be recorded by the applicant for Muslim women and their partner as Protestant Christians.

In its decision, the Supreme Court stated that with the submission of marriage registration at the Civil Registry Office having chosen that the marriage not be carried out according to Islam. Thus, the applicant no longer ignores his religious status (Islam), the Civil Registry Office must hold and register the marriage as a result of the marriage of different religions that are held.

Even so, at this time marriages of different religions could no longer be recorded. Because, if it is brought to court, the judge cannot grant the request for registration.

This provision is in accordance with the Circular Letter of the Supreme Court (SEMA) Number 2/2023 concerning Guidelines for Judges in Responding to the Request for Registration of Marriages between People of Different Religions and Trusts.

In the SE, it is explained that judges must be guided by the following provisions:

That's information about the rules of marriage of different religions in Indonesia. Get news updates of other options only on VOI.ID.