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Interfaith Marriage, Is It Still Permitted?

Muhammad Rifki Saputra

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01 Feb 2024 · 07:57 01 February 2024 07:57 WIB 7 minutes reading time: 7 minutes 59 read

Post-reform, I think the judiciary is the institution that least often has internal issues regarding the independence of decisions. Therefore, I am interested in conducting a short research...

Interfaith Marriage, Is It Still Permitted?

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Table of Contents

The Concept of Marriage According to the Law
Why is Registration Important?
Indonesia is a Pancasila state, not a secular and/or religious state.
SEMA No. 2 of 2003, What's the Problem?
So, is Interfaith Marriage Still Allowed?

Section 2/3: The Concept of Marriage According to the Law

The Concept of Marriage According to the Law

Based on Article 2 of Law No. 1 of 1974 concerning Marriage (hereinafter referred to as the Marriage Law), a marriage is valid if it is carried out according to the law of each religion/belief and registered according to the prevailing laws and regulations. As a result, the material requirements for marriage as the basis for validity refer to the religious provisions of the couple concerned, while registration with state institutions, namely the KUA (specifically for Muslims) and KCS (Christian, Catholic, Buddhist, Hindu, and Confucian), is a formal requirement.

Marriage by an Indonesian citizen/couple carried out abroad is also valid if it is carried out according to the law in force in the country where the marriage takes place and does not violate the provisions in the Marriage Law, namely remaining in line with the religious practices of each bride, with mandatory registration carried out in the local country and reported at the Indonesian Republic representative (Article 56 of the Marriage Law).

Why is Registration Important?

Dukcapil has a crucial role in marriage registration for this reason. A valid marriage must be reported to Dukcapil to obtain legal certainty and protection in the form of civil and citizenship rights, including its applicability to interfaith marriages. Even if it is rejected and/or there are specific conditions of the marriage in question, such as interfaith marriage, the couple has the right to submit a registration application to the court, for example, the issue of inheritance of property.

KHI, cumulatively, states that heirs are people who have blood or marital relations, are Muslim, and are not prevented from becoming an heir by law (example: attempted murder, etc.). Children who convert also have the same position as the rights of other Muslim children so they remain heirs (Supreme Court Decision No. 368 K/AG/1995). Conversely, heirs according to the Civil Code (or BW) are people who have blood relations, either by law or outside of marriage, and the longest-living husband/wife. Moreover, a husband's obligations to his wife are not legally binding if they are not registered.