Indrayanti, Kadek Wiwik, Suhariningsih, Suhariningsih, Rubai, Masruchin and Aprilianda, Nurini (2017) Juridical implications of the legal norm void of interfaith marriages in Indonesia. Brawijaya Law Journal: Journal of legal studies, 4 (1). pp. 129-143. ISSN P-ISSN: 2356-4512; E-ISSN: 2503-0841

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Abstract

Legal void of interfaith marriages in Indonesia to date has not offered legal certaintyand sense of fairness to couples of differing religions. Particularly, their rights to form a familyand to freedom of religion are unprotected; whereas those rights are guaranteed by the 1945Constitution of the Republic of Indonesia. Furthermore, the Constitutional Court’s ruling hadrejected Judicial Review on Article 2 section 1 of Law No. 1 of 1974 against the 1945Constitution of the Republic of Indonesia. The rejection was based on the judge’s interpretationof article 2 section 1, that married couples should have same faith. This articles seeks to analyzethe reasons behind the consideration in legalize the interfaith marriage. It analyzes whether theprinciple of interfaith marriage contradict the principles contained in the Constitution.This article argued that as it was stated that the constitutional rights of marriage entailedthe obligation to respect the constitutional rights of other people and thus to avoid any conflictsin the implementation of those constitutional rights, it is necessary to have a regulation on theimplementation of constitutional rights conducted by the state. It is further submitted thatwithout legalizing interfaith marriage, there will be children status issue and heritage issues inthe future. Thus, it is argued that theprinciple of interfaith marriage does not contradict theprinciples contained in the constitution with regard to the rights to form a family and to freedomof religion.

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