30 Vol. 18 No. 2 , December 2022 Herry Anto Simanjuntak
Quality Medan University
e-mail: herryantosimanjuntak1967@gmail.com
Abstract
Interfaith marriage is currently being widely discussed and is actually not a new thing for the multicultural Indonesian people. The marriage has occurred in the community (in various social dimensions) and has been going on for a long time. However, it does not also mean that the issue of interfaith marriage is not a problem, in fact it tends to always reap controversy among the public.
There is an assumption that the cause is the existence of Law no. 1 of 1974 as amended by Law no. 16 of 2019 concerning Marriage, which does not accommodate interfaith marriage issues. The problems that have arisen recently are interfaith marriages are also widely opposed among the community, for example among Protestant Christians, because interfaith marriages are still considered taboo because according to Protestant Christianity, interfaith marriages will cause new problems in the future for descendants and in administration. Therefore, until now, there is no Protestant Christian religious leader who has agreed to legalize interfaith marriages because it is written in the Bible 2 Corinthians 6:14, which reads: "Do not be an unequal partner with unbelievers". Whereas, an unequal partner means that there are the differences in belief, so that according to the Protestant Christian faith, interfaith marriages are not approved. The prohibition of interfaith marriages is also the same as the view of Islam as stated in the Central MUI Fatwa Number: 4/Munas/VII/MUI/8/2005 which emphasizes the prohibition of interfaith marriages, both marriages between a Muslim woman and a non-Muslim, as well as marriages between a Muslim woman and a non-Muslim woman. a Muslim man with a woman of the people of the book.
Keywords: marriage, faith, and different religions A. INTRODUCTION
Article 1 of Law No. 1 of 1974 as amended by Law No. 16 of 1974) stated that marriage is a physical and spiritual bond between a man and a woman as husband and wife to be a happy and eternal family based on Belief in the One and Only God. That verse can be interpreted that marriage is a part of human life that has a really important religious value. Those who are physically and spiritually adults definitely need a partner for getting peace and prosperity in married life. Through marriage, they can have a family, community and even a nation. Because of the important of marriage, the world's religions take part in marriage regulation. Moreover, the community customs and state institutions do the same things too.
No. 1 of 1974 as amended by Law no. 16 of 2019 of Marriage Law adheres three views regarding the legalization of interfaith marriages. The first, interfaith marriage is an acceptable thing, it’s a violation of the Marriage Law based on the 2nd section of paragraph (1). The second, interfaith marriage is allowed and legal because it is stated in article 57 of the marriage law. Foe the third, The Marriage Law does not regulate any problem of interfaith marriages. Therefore, related to article 66 of the marriage law about marriage regulations, the legal basis of marriage is written in Article 28B at 1st paragraph of 1945 Constitution which stated that every person had the right to have a family and descendants through a legal marriage. The preamble of 1945 Constitution at Article 28B paragraph (1), it can be seen that the goals Indonesia are improving its society’s prosperity by granting their rights to have a meaningful life. It means that they have a right to have the descendants and family as an inalienable human right. The legal basis for marriage is also contained in Law No. 1, 1974 as amended by Law No. 16 of 2019 concerning Marriage which is regulated at Chapter I concerning 5 Articles of the Basis of Marriage, from 1st to 5th Article. In 1st Article 1 of Law, 1974 as amended by Law No. 16, 2019 concerning Marriage, its stated that: the inner and outer bond between a man and a woman for being a life partner and having a happy and eternal family based on the One Almighty God." Then, the 2nd Article stated that marriage will be legal, if it is held based according to the laws of each religion and belief.
Interfaith Maririage based on… Herrry Anto In fact, interfaith marriages can be occurred in a life of society among young couples or widows and widowers who are so close that provoke an inseparable empathy and love which minimizes their beliefs in the religion they adhere to, parental background and the freedom to select a life partner.
Legal consequences toward marital status will cause new problems in the future, so all religions in Indonesia prohibit interfaith marriages. Actually, interfaith marriage is not a new thing for Indonesia multicultural society. This kind of marriage has occurred in society (in various social dimensions) for a long time. However, it does not mean that interfaith marriage issue is just not a blame. In fact, it tends raise the controversy in society. There is an assumption that the cause of that problem occurred because of the existence of Law no. 1, 1974 as amended by Law no. 16, 2019 which does not accommodate the issue of interfaith marriages, because the mixed marriage referred to in Article 57 in the marriage law means that the marriage between two people with different laws because of differences in nationality, not religion. Meanwhile, the existence of Article 2 paragraph (1) of marriage law legal which stated that a marriage will be legal if it is carried out according to each religion and belief, is considered to close the interfaith marriages’ opportunity to be held in Indonesia, so the Constitutional Court rejected the review of Article 2 paragraph (1) of marriage law to legalize interfaith marriage. The Court considers that the article is not against the Constitution.
The decision of Constitutional Court No. 68/PUU-XII/2014 dated 15 December 2014 concerning interfaith marriage filed by Petitioner Agata Yuvenus, et al. assertively against the applicant's judicial review for Article 2 paragraph interfaith marriage, 1974 concerning marriage where it’s stated that a legal marriage will be got if the couple do it in the same regulation which comes from the same religion is a violence, because the aquo article gives a legitimacy for a country to either incorporate the matters of administration and implementation of religious dogma, or to dictate religious interpretation of marriage.
Regarding to that petition, the Constitutional Court argued that in national and state life based on Five Principles of The Indonesia and the Constitution, religion is a foundation and the country has an interest in the terms of marriage. The country has an important role in providing guidelines to ensure legal certainty of living together within a marriage life. Particularly, the country’s role is providing the protections for those who want to have a family a family and descendants through a legal marriage as an entity of human survival guarantee. Marriage should not only be seen from a purely formal, but also a spiritual and social aspect. Religion determines the legality of marriage, meanwhile the law determines the administrative legality carried out by the country.
C. RESULT AND DISCUSSION
1. Christian Protestant Views on Interfaith Marriage
Interfaith marriage is not only prohibited by Protestant Christianity, but also Moslem who strictly prohibits interfaith marriage as stated in the Central MUI with Fatwa Number:
4/Munas/VII/MUI/8/2005 which emphasizes the prohibition of interfaith marriages, whether a marriage between a female Muslim and a male non-Muslim, or vice versa. Another thing is the widespread of interfaith marriages in Indonesian society, especially among public figures who are still being a trend.
The pastor of Protestant Christian Batak of East Bandung, Jerry TP Aruan disagreed with the request for judicial review submitted by a number of alumni and law department students of Indonesia University. There is an autonomy within a church, as well as an autonomy within the country which can’t be interfered by the church, it means that even if the country legalize the interfaith marriages later, the church may have a right to refuse it.
According to Jerry, interfaith marriages for Christian religion is clear where it’s not allowed because of different beliefs. Jerry added that there are two conditions for having marriage in HKBP Church. The first, those who want to get married have already baptized due to their responsibility as Christian. The second, they should have passed the catechism process. Those who have got it are
32 Vol. 18 No. 2 , December 2022 vice versa, where the one will still be considered a child even though they are old enough if they have not passed that process. He also explained that catechism process included the deeper learning of God’s words and social life matters. He said that those two conditions are absolute. Since, for getting married, bride and groom to be require maturity in faith. It’s not only those who want to get married, but also who haven’t wanted to get it.
Those two conditions apply to both groom and bride. It’s possible for getting married without them, but the pastor will not bless the marriage. There is a King’s Pots In Batak culture. Therefore, Jerry emphasized that it was impossible for interfaith marriages to be occurred, especially in the HKBP Church. He said that this was not only about the pastor’s blessing, but also the people's acceptance of it. He added that In terms of faith, it is true that religions only believe in one god, but the understanding about God is different. So it is impossible for two people with different religions to be blessed in a church," he said. Then, how about marriages between Christians and Catholics? Jerry emphasized that Christianity and Catholicism were also considered as different religions. A Catholic who wants to marry a Christian should also be taught about Protestant Christianity first. It’s due to the different teachings between them. There are different teachings for those who are Catholics learning Protestant, they do not need to make an official statement as adherents of other religions. This is because of their similarity in teachings. Their differences are not as big as the difference with others.
Basically, interfaith marriage for Christian is also strictly prohibited and its people are required to get married with those who have the same beliefs. Since for them, the aim of marriage is for achieving a happy and eternal family with children. For that reason, if those who will have interfaith marriage, they will be hard to get it. It is written in the Bible, which is listed in 2 Corinthians chapter (6) the 14th verse that stated that an unbalance couple is those who have different beliefs. For what similarities are they’re between truth and iniquity. For what similarities are they’re between truth and iniquity. That statement is a prohibition toward interfaith marriage for Christian because of unequal beliefs. Marriage for Christian reflects Christ's relationship with the pilgrims. Christ's relationship with the pilgrims is exclusive and sacred. In the Bible, it’s explained that a husband should love their wife as he loves Christ. And a wife should be submissive to her husband as she obeys to Christ. So, it’s clear that husband and wife should love Christ, as they believe in Christ, and place Christ as the leader in their family life. On the other hand, the Bible also does not prohibit interfaith marriages for Christians as long as they don’t get married with those who are atheists and worship idols. Basically, Christian teaches its people to love each other and maintain the holiness of Allah by avoiding interfaith marriage.
Nevertheless, the Bible also does not prevent the existence of interfaith marriages because there are several cases of interfaith marriage from great figures such as Yusuf, Musa, Esau, Simeon and Yehuda which are contained in the Bible, Genesis 38:1-2 (Yehuda married to Shua, a Canaanite woman), Genesis 46: 10 (Simeon also married a Canaanite woman) (Yusuf and Asenath, a dughter of Potijera, the priest in On-Egypt), Genesis 26:34 (Esau and Yudith, son of the Becri HeI). Numbers 12:1 (Musa - the leader of Israel married a Cushite woman). Although marrying different religions is not hindered, they must also have basic beliefs or those who have faith so they don't deviate. Although an interfaith marriage is not prohibited, those who want to do it; they need to have strong faith so that will not be misguided.
Generally, the priests strictly prohibit interfaith marriages because they are considered as an aberration from religious teachings and the holiness of God. Catholics are only for Catholics as well as Protestant, so for them interfaith marriage is a Sacrament. It’s an agreement between man and God.
Through the Sacrament, a person promises to live faithfully to Jesus Christ. According to Catholics, marriage is a collaboration between man and woman on the basis of a bond of total love on the basis of love with the agreement of both which can not be withdrawn (Al. Budyapranata pr. 1986: 14). So, marriage for Catholic is not only a bond between husband and wife based on love, but also reflection of God's love and unbreakable faithfulness. And the marriage will be legal if the bride and groom have been baptized (Kan. 1055: 2).
Interfaith Maririage based on… Herrry Anto From the statement above, it can be seen that marriage in Catholic is considered as holy and sacred thing. Being one in a sacred bond without attracting the promise. Since for Catholics, marriage is only once in a whole life and it is not ideal if there is interfaith marriage. Basically, Catholicism strictly prohibits interfaith marriages, but on the other hand, each church may have license for carrying interfaith marriage out which are granted by the bishop through the Catholic diocesan institution. This exception from the bishop will only be given if there is an expectation for having a good after getting married.
This exception is given to marriages between Catholics and non-Catholics who are not baptized such as Muslims, Hindus and Buddhists. Meanwhile, marriages between Catholics and non-Catholics who have been baptized just need the bishop’s license. Therefore, for getting a legal interfaith marriage between Catholics with a different one, they need bishop’s license and accept the marriage principle of Catholic Christian called monogamy, where there will be no other partner and divorce, and the process of blessing should be done in a Catholic church without being a Catholic, but their children should to be baptized as Catholic way. They also need to understand two sacred things that for Catholics, Love and Marriage. Love is carrying each other in every condition, and getting married once in a whole life.
Thus, interfaith marriage is allowed, be blessed and legal for Catholics.
2. Legal Consequences of Interfaith Marriage in Indonesia
It cannot be denied that a marriage always creates new legal consequences, especially interfaith marriage which of certainly will cause various problems in the future. Those problems concern the relationship as husband and wife, which will impact on their children. Here, the legal consequences are divided into two aspects, psychological and juridical. Consequences of interfaith marriages from psychological aspect include losing of family life harmony, which have built for dozens of years. When they were still dating, the difference was considered as a small thing, it could be solved by love. After a long time, it turned into a bomb in building a strong household.
As an illustration, when a husband who is Muslim goes to Mecca for pilgrimage, it will surely be happiness for him if his wife and children can go with. But how sad he is when his wife and children prefer to go to church or monastery. So, a household that is started by love will be fade after a long time being together with the different beliefs. Since, one of the happiness for a Muslim father is being a priest his children and wife in worship, and so for a wife. Her happiness as a Christian or Buddhist wife is going to church or monastery to pray together with her husband and children. Since a husband is a leader for his wife and children in a family. Likewise when a holy Ramadan comes, its atmosphere will be a way for getting closer if the partners are both Muslim. But that desire will be difficult the partner has a different beliefs. And so is Christian. A Christian wife, she will know how beautiful to worship at church with her husband and celebrate Christmas together, but that's all just an imagination. In this case, there is also a mother who feels happy because her children follow her belief. It will make a father feel lonely when he wants to share knowledge and experience of religion.
In this pluralism era, an interfaith marriage is growing up. Apart from theological issues and religious beliefs, it should be remembered that the goal of getting married is to have a happy family based on Belief in the One and Only God. For that reason, conformity and understanding are really important to maintain harmony and children growth. Therefore, married couple should try to build a happy family is trying to complete between one to another. This is in accordance with the provisions in Article 33 of the Marriage Law No. 1 of 1974 as amended by Law No. 16, 2019 which is written that a husband and wife should love, respect, be loyal and be able to help physically and spiritually each other.
From that article, it can be concluded that husband and wife’s responsibility should be based on respect and love each other. So, family’s harmony will be maintained. A couple with different belief is only initiated by love, but by the time when getting older, it will be changed and there will be consequences. Since by getting older, it will certainly lead the one to think about having an eternal happiness. Happiness in this case is not only about love, but also a faith to guide a couple to be more obedient to their God for having an eternal happiness. If all of them is not owned by couple in
34 Vol. 18 No. 2 , December 2022 they have children. it certainly will affect their children position and mental. They also need to think about how to maintain good relations between them and their children. The problems that arise here are scrambling to influence their children to follow what they believe. Indirectly, it becomes a competition for them to influence their children to follow what they adhere. It will their children’s’
mental burdened for choosing or adhering to which religion they will follow. Indeed, good children are those who are devoted and respect all orders to both of their parents, but when they deal with a position to choose either their other or father’s belief, it will definitely make them confused and affect on their psychological, especially when they are in a period of personality formation, religious values play a very important role in it. If religion becomes a source of conflict, it's not good for children growth. Indeed, all parents actually want their children to embrace the same belief with them, but if they have different beliefs, it will be difficult to their children to make a decision. If a father adheres to Christian, then how happy it will be if his children follows his beliefs and reads the Word of God together. It will also be happened if a mother who have different belief with her husband.
In this case, children will be such in a completely wrong position, where they want to make their parents happy and does not want to fight over influence that both of them will forget the purpose of a their family to be happy due to differences of beliefs. Children are also supposed to be the unifier of their parents, because the different beliefs are also a source the discord in a family. On the other hand, children also have the right to choose which religion they believe without any coercion from their parents. Since, religion is like clothes that will be used by them for a whole life. Spirit, belief, and religious traditions are always attached to every religious individual, and also a family life. There are religious rituals, which should ideally be maintained and carried out collectively in it. For example, celebrating Christmas Day will be beautiful and comfortable when it is carried out all members of whole family. Those are such a beautiful and religious atmosphere will be difficult to be real when a couple has different beliefs, so the enjoyment of having a family will be lost. It can be concluded that psychologically interfaith marriages have problems where it will gradually relieve the happiness and harmony of a family. By those consequences, there will be many interfaith marriages ended by divorce.
However, it does not mean that same-religious marriage will also be free from problems. It depends on the couple to deal with the differences arise in their family. If a marriage always creates unsolvable problem, then the consequences arise from the divorce are included in the legal consequences of interfaith marriages seen from a juridical aspect. It’s about the validity of interfaith marriages itself.
According to the Marriage Law, the legalization of a marriage is in accordance with the religion and beliefs as regulated in Article 2 paragraph (1).
Based on that article, it can be interpreted that the marriage law leaves its decisions on the teachings of their respective religions. Legally, children who have born by a couple in interfaith marriages are considered legal as long as their interfaith marriage is legalized by a religion and registered in Office of Religious Affairs. Since, the provisions of the marriage law in the article 42 stated that legitimate children are the children who have born from a legal marriage based on article 2 in paragraph (2). Furthermore, the legal consequences that will also arise from interfaith marriages are regarding inheritance issues. For example, when a husband, who is Muslim, but his wife and children are non- Muslims, of course it certainly will be an obstacle to receive or return his inheritance.
If a divorce is occurred, it will raise the case of rights and obligations for them and their children. Divorce in interfaith marriages will also be complicated. As an example, when a man as a Muslim is getting married with and a catholic woman and it’s started by following Islam’s rules without registering at Office of Religious Affairs, then they are remarried by following Catholic’s rules, blessed by the priest then registered at the civil registry service office and get marriage legal document. The question here is, how the legal divorce process for the two couples mentioned above is due to interfaith marriages. The Marriage Law does not specifically regulate interfaith marriages.
The Marriage Law here is only based on article 2 in paragraph (1) is only regulated about legalization of marriage according to their respective religious beliefs. if a divorce is happened, the first
Interfaith Maririage based on… Herrry Anto will be discussed is about husband's beliefs. Based on author’s point of view, a marriage occurs without being registered at the Office of Religious Affairs in Islam is called as Siri. It is unregistered marriage, it’s neither regulated nor have right of recognition and legal protection. So, what will be used for solving the cases of divorce in interfaith marriages is according to the legal one, a Catholic marriage, or wife's religion as the implementation of a legal marriage.
3. Legal Status of Interfaith Marriage According to Positive Law (Law No. 1 of 1974) Interfaith Marriage based on experts and practitioners in Law no. 1 of 1974 as amended by Law no. 16 of 2019 has three point of views in general. The first, interfaith marriage cannot be justified and it’s a violation based on Marriage Law Article 2 paragraph (1) where it’s stated that Marriage will be legal, if it is carried out based on each belief; and Article 8 point (f): it’s written that a marriage is prohibited between two people whose relationship is prohibited by religion or other applicable regulations. So, interfaith marriages are considered as illegal for the law and marriage officials. Even though, this article stated that marriage is legal based on each belief, meanwhile there is a license of interfaith marriage in Islam.
Second, interfaith marriages are allowed, legal and can be held because they are included in intermarriages, as written in Article 57 of Marriage Law; they are two people who are subject of different laws in Indonesia. The second view showed that the article does not only regulate marriage between two people with different nationalities, but also different beliefs. its implementation can be carried by following the procedure as regulated by Article 6 of Intermarriage regulation: (1) intermarriages can be carried out according to applies to applicable law of a husband, except the license of both bride and groom, which should be available, by referring to Article 66 of Marriage Law.
Third, Marriage Law does not regulate the issue of interfaith marriages. Therefore, when referring to Article 66, which emphasizes other regulations about marriage, it is declared no longer valid. However, since Marriage Law has not regulated it, the old regulations can be re-enacted, so the issue of interfaith marriages should be guided by intermarriage regulations (Berkatullah and Prasetyo, 2006: 147-148).
Apart from these three opinions, there are groups who are regarded that the Marriage Law needs to be completed due to the lack of interfaith marriages. Their argument is based on four points, they are: 1) Marriage Law does not regulate interfaith marriages; 2) Indonesian society is a plural, so interfaith marriages cannot be avoided; 3) religious issues are part of a person's human rights; and 4) the legal absence in the field of marriage shouldn’t be allowed, because it will encourage the society to have free sex.
D. CONCLUSION
Based on the description and legal arguments explained above, it can be concluded that the license interfaith marriages depend on the rules of each religion. Protestant Christian also strictly opposes interfaith marriages because it involves the issues of different beliefs which are difficult to put together and will give consequences for their children and governmental administration.
While Law no. 1 of 1974 as amended by Law no. 14 of 2019 does not specifically regulate interfaith marriages in Indonesia, for this reason, interfaith marriages cannot be legalized according to applicable law based on article 2 paragraph (1) which stated that marriage is legal if it is carried out based on their religion and beliefs. So, the decision of the law is given to each religion which regulates it. The Supreme Court decision according to Number: 1400 K/Pdt/1986 provides a solution for interfaith marriage problem in Indonesia which states that to fill the legal absence, so in the case of pluralistic/ heterogeneous of Indonesia society, where the society is, there are many cases of interfaith marriages. The factors which cause interfaith marriages include: The influence of daily life in society, minimal religious education had, parental background, freedom for having a partner, and the increasing of social relations among Indonesian and foreign countries young people. Legal aspect arise from interfaith marriages in Indonesia are reviewed from a psychological and juridical perspective. The
36 Vol. 18 No. 2 , December 2022 of years, there will be disagreements in their family life, mental disturbance of their children because of distraction to select what religion they will belief due to parental competition in influencing them. And in terms of the juridical aspect, the legal consequences of interfaith marriages are the legality of marriage itself and the status of their children. Likewise with divorces that occur due to problems of differences in opinions and beliefs in their family life and inheritance from interfaith marriages cannot be accepted by their children due to the relation with differences beliefs.
The explanation interfaith marriage above is expected to give an illustration for to the society, especially husband and wife to be to learn more about their religion, so they can avoid interfaith marriages. Protestant strictly opposes interfaith marriage because it can cause new problems in the future. Basically, Indonesia hasn’t not had specific regulations about interfaith marriage yet in in the national marriage law. Marriage occurs because of loving each other which can be interpreted that loving doesn’t mean on physical, but also his/her belief for avoiding new problems in the future.
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