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MK to review marriage law over request about interfaith marriage

Tempo - June 6, 2022

Fajar Pebrianto, Jakarta – The Constitutional Court (MK) on Monday announced that it will soon hold plenary sessions for the judicial review application that was lodged against the Marriage Act (UU) and how it oversees interfaith marriage.

After refinement of the application was completed on Wednesday, the MK official website on June 6, states that the inaugural plenary session will hear the statements from the House of Representatives (DPR) and the President.

Ramos Petege acts as the plaintiff in this judicial review who comes from a Catholic background residing in Papua's Gabaikunu Village. In his application, he explained that he intends to marry his Muslim partner.

He specifically questions Articles 2 (1) and (2), Article 8 (f) which generally oversee the validity and prohibition of marriage. Article 2 (1) of the Marriage Act reads:

"A marriage is legally valid if conducted under religious laws [of the people conducting the marriage]."

Meanwhile, Article 2 (2) reads: "Each marriage is recorded according to existing laws."

Article 8 (f) reads: "Marriage is prohibited between two people who have a relationship by their religion or other applicable regulations, it is forbidden to marry."

The plaintiff argues that these stipulations have caused him to lose his liberty to hold a marriage, which includes religious beliefs, as he says one individual in the marriage will be forced to subdue their faith to conduct a marriage.

Source: https://en.tempo.co/read/1598840/mk-to-review-marriage-law-over-request-about-interfaith-marriag