Failed to Marry Because of Religious Differences, a Man Sues Marriage Law

TheIndonesia.id - E Ramos Petege, a young man from Gabaikunu Village, Central Mapia, Dogiyai Regency, Papua, sued Law No. 16/2019 concerning Marriage to the Constitutional Court after failing to marry a Muslim woman due to different beliefs. Petege is a Catholic, while the woman he wants to marry is Muslim.

"After being in a relationship for three years and wanting to get married, it was canceled due to differences in beliefs," said his attorney, Ni Komang Tari Padmawati.

Last Monday, June 6, 2022, Petega's lawsuit reached the stage of the Court asking for an explanation from the lawmaker. A member of Commission III of the House of Representatives, Arsul Sani, called the petitioner's argument in the case of reviewing Law Number 1/1974 concerning Marriage as amended to Law Number 16/2019 concerning Marriage baseless.

"The petitioner's argument that article 2 paragraph 1 of the quo law is a form of coercion of a certain religion by the state on citizens is an unfounded argument," he said, in Case Number 24/PUU-XX/2022 which was broadcast by the Constitutional Court online, in Jakarta, Monday.

In this case, the applicant on behalf of E Ramos Petege argued that Article 2 paragraph 1 of the Law on Marriage is a form of religious coercion by the state on its citizens. According to the applicant, it should be interpreted as a choice of a prospective couple who will marry of different religions to make an agreement based on free will that is subject to religious law and certain beliefs in carrying out a marriage.

In this argument, the House of Representatives as one of the parties questioned by the Court gave several views. Based on the minutes of the meeting to discuss a quo law, there is a background to the formulation of article 2 of a quo law which has been carried out by each religion. In other words, marriage is performed, recorded, and recognized by government officials.

He said the state played a role in providing protection for families and continuing their offspring through legal marriages. It is the embodiment and guarantee of human survival.

"Marriage cannot be seen from the formal aspect alone but also from the spiritual and social aspects," said the United Development Party politician. "Religion puts it in terms of the validity of a marriage, while the laws that are formed regulate the administrative validity of a marriage."