Constitutional Court: Religion And Trust In Mandatory Requirements For Marriage

MK/DOK PHOTO Building: Diah Ayu-VOI

JAKARTA - The Constitutional Court (MK) emphasizes that religion and trust in God Almighty is one of the legal requirements for marriage so that Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage (UU Marriage) does not conflict with the constitution.

"Religion and trust in God Almighty are elements that cannot be removed from the legal requirements for marriage," said Constitutional Justice Arief Hidayat reading out the considerations of Decision Number 146/PUU-XXII/2024 reported by ANTARA, Friday, January 3.

In this case, two citizens who claimed not to embrace certain religions and beliefs, Raymond Kamil and Teguh Sugiharto, questioned Article 2 paragraph (1) of the Marriage Law which regulates legal marriage if it is carried out according to the law of each religion and belief.

Raymond and Teguh argued that the article limited them to form a legitimate family because the provisions of the norms were deemed not to accommodate citizens who did not choose not to embrace religion or trust in God Almighty.

Regarding the argument, the Court explained that religion and belief are a necessity as a manifestation of the nation's character and the principle of One Godhead, as mandated by Pancasila and the 1945 Constitution of the Republic of Indonesia.

Therefore, according to the Constitutional Court, the absence of space for citizens to choose not to be religious or not to have confidence in God Almighty is a proportional limitation and is not a form of discrimination against citizens.

The Constitutional Court believes that marriage cannot be separated from God Almighty. Article 1 of the Marriage Law also stipulates that marriage aims to form a family in a happy and eternal household based on God Almighty.

"With the absence of space for Indonesian citizens to choose not to adhere to religion or not to believe in God Almighty, positive legal norms that only provide ratification of marriages that are carried out according to their respective religions and beliefs are not norms that cause discriminatory treatment," said Arief.

Because it is part of a form of worship as an expression of religion or trust in God Almighty, marriage can be categorized as an externum forum and the state can participate in determining the procedures and conditions.

With the norm of Article 2 paragraph (1) of the Marriage Law, the state also submits marriage to religion and trust in God Almighty because the legal requirements for marriage are determined by the law of each religion and belief.

On that basis, the Constitutional Court rejected Raymond and Teguh's petition. "Based on these legal considerations, the arguments of the Petitioners regarding the unconstitutionality of Article 2 paragraph (1) of the Marriage Law are groundless according to law," said Arief.

In the same case, Raymond and Teguh also tested the new Criminal Code Law, but were declared unacceptable by the Constitutional Court. In addition, both of them also tested the Human Rights Law, Adminduk Law, and the National Education System Law which both ended in aground because they were rejected in its entirety.