Hindi Brihaspathi Sudana
Student of Fakultas Hukum Universitas Gadjah Mada
International Undergraduate Program
I. The Loopholes:
Basically, In Indonesia, an inter-religion marriage is so difficult to conduct because there is no regulation that explicitly regulates about that, so there will be a loophole. According to Law no 1 of 1974 regarding marriage, a marriage is legitimate, if it was conducted in accordance with the provisions of each religion. General interpretation of this problem arguing that, by this regulation an inter-religion marriage in Indonesia can’t be conducted legally. But practically, there are still lots of inter-religion marriages that have been conducted by these ways:
1. Conducting marriage abroad
According to the article 56 in Law no. 1 of 1974, which regulate the marriage that conducted abroad, a marriage can be conducted between Indonesian citizen, and it’s legitimate if the marriage is conducted in accordance with the law that prevails in that country. So, it means that an inter-religion marriage can be done legally by married abroad, in the country that allowing an inter-religion marriage. After back again to Indonesia, they can register their marriage certificate to the Civil Registry Office (KCS), which means, their marriage is legitimate because it has been registered to Civil Registry Office (KCS).
2. Converting to the other’s religion
This is the most common way that has been conducted. Before the marriage conducted, one of the couple will convert his/her religion into his/her partner’s religion. So, legally, they’re not conducting an inter-religion marriage but, they conducting a marriage with a same religion. After the marriage, and got the marriage certificate, one of them will convert back to his/her old religion.
3.By the assistance of the religious institution
The basic law of marriage in Indonesia, Law no. 1 of 1974, in article 2, actually doesn’t said that inter-religion marriage is prohibited, it just said that a legitimate marriage is a marriage that in accordance with the provisions of each religion. Before it will be registered, there is a religious-ceremonial marriage first and it is under the authority of every religious institution, depends on its marriage. This religious institution, that has the authority to decide whether a marriage is legal by the perspective of religion or not. If it’s legal so the marriage will be registered. In the matter of inter-religion marriage, apart from its religion-debatable-opinion, if a religious institution agreed to conduct an inter-religion marriage and legalize it, so the state shall registered it because, even national law, the legitimate marriage is depends on its religion-ceremonial marriage and it set by the religious institution.[1]