Central Jakarta District Court Permits Marriage for Muslim-Christian Couples, Here Are the Legal Considerations

 

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By:

Mahmud Kusuma, S.H., M.H.

(Certified Attorneys at Law)

Previously, the www.hukumindo.com platform has talk about "The Indonesian People Lose IDR 5 Trillion Per Year due to Fraudulent Investments", "Contoh Surat Permohonan Pengesahan Perkawinan Secara Mandiri", you may read also "Contoh Permohonan Penetapan Perkawinan Beda Agama" and on this occasion we will discuss about 'Central Jakarta District Court Permits Marriage for Muslim-Christian Couples, Here Are the Legal Considerations'. 

The Central Jakarta District Court (PN Jakpus) has permitted interfaith marriages between Muslim and Christian lovers. Apart from being based on the Adminduk Law, the decision made by the Bintang AL judge was based on sociological reasons, namely the diversity of society. "The heterogeneity of the Indonesian population and the various religions that are legally recognized as existing in Indonesia, it is very ironic that interfaith marriages in Indonesia are not allowed because they are not regulated in a law," said judge Bintang AL from consideration of his determination as quoted by detik.com, Sunday (25 /6/2023).[1]

It was stated that the prospective groom, JEA, is a Christian and the prospective bride, SW, is a Muslim. The two of them had been dating for 10 years before they decided to continue their marriage. The two married in a church in Pamulang which was attended by the parents of the bride and groom. However, when they wanted to register with the state through the Central Jakarta Civil Registry Service, they were refused because of religious differences. Therefore, both of them submitted an application to the Central Jakarta District Court to be permitted and granted.[2]

"Giving permission to the applicants to register interfaith marriages at the Central Jakarta City Population and Civil Registry Sub-Office," said single judge Bintang AL. Judge Bintang AL stated that the decision was in accordance with Article 35 letter a Law 23/2006 concerning Adminduk. Also based on the Supreme Court decision No. 1400 K/PDT/1986 which granted the cassation request regarding interfaith marriage permits. "That in this way the Court is of the opinion that objectively sociological inter-religious marriage is reasonable and very likely to occur, given Indonesia's geographical location, the heterogeneity of the Indonesian population, and the various religions that are legally recognized as existing in Indonesia, it is very ironic when interfaith marriages in Indonesia not allowed because it is not regulated in a law," said judge Bintang AL.[3] The last update related to this topic, you may read "Supreme Court of Indonesia Prohibits Judges to Grant Application for Registration of Interfaith Marriages". And if you have any legal issue in Indonesia territory, contact us then, feel free in 24 hour, we will be happy to assist you. 

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References:

1. "PN Jakpus Izinkan Nikah Pasangan Islam-Kristen, Ini Pertimbangannya", www.detik.com., Andi Saputra, Diakses pada tanggal 27 Juni 2023, Link: https://news.detik.com/berita/d-6791518/pn-jakpus-izinkan-nikah-pasangan-islam-kristen-ini-pertimbangannya

2. Ibid.

3. Ibid.