Prof. KH Sutan Nasomal SH, MH : Appeals to the President of the Republic of Indonesia, General H Prabowo Subianto, to review the Constitutional.

Postbanten.net – Prof. KH Sutan Nasomal SH, MH Appeals to the President of the Republic of Indonesia, General H Prabowo Subianto, to review the Constitutional Court Decision Number 146/PUU-XXII/2024.

As if it has not met the expectations of the wider community.

The great hope of all INDONESIAN people is that a product of law does not conflict with religious norms or socio-cultural norms.

As well as a culture of broad wisdom in the current social order that has accepted the Pancasila ideology.

In accordance with the first principle, it regulates religious life and supports the implementation of all regulations in it.

So the state should not support activities of living together (cohabiting) or provide solutions to formalize marriages of couples of different religions based on religious provisions.

Where couples who choose to marry partners of different religions have certainly apostatized from their religion.

Moreover, the nature of the Supreme Court is to determine state law, while the issue of whether or not interfaith marriages are valid should be returned to each religious organization.

“In terms of whether it is valid or not, it depends on each religion.

Maybe from Islam there is the Ulema Council, later from Christianity there is the KWI (Indonesian Bishops’ Conference), PGI (Indonesian Communion of Churches), and also other religions,”

Regarding the issue of children from parents who are married to different religions, the Supreme Court has spoken up. Supreme Court Spokesperson Suharto said, SEMA Number 2 of 2023.

It was not supposed to regulate the fate of children born to parents who were married to different religions. “The SEMA does not or has not regulated that matter,” said Suharto

It also does not regulate inheritance law issues

The Compilation of Islamic Law explains that people of different religions cannot be heirs. This is regulated in Article 171 c. Unless there is a written will and witnesses

Then the inheritance problem will become a polemic if there are parties who refuse and will harm other parties with legal assistance efforts or not with legal assistance

Of course, the President of the Republic of Indonesia, General H Prabowo Subianto, can imagine the unhealthy legal politics related to it.

Inheritance law and marriage issues of couples of different religions according to Prof. KH Sutan Nasomal SH,MH

(Law No. 1 of 1974)

Is the recognition of interfaith marriages or interfaith marriages not a law that violates other laws and harms religious communities according to the mandate of the 1945 Constitution

The Marriage Law is a manifestation of the Indonesian state as a state of law as stated in Article 1 paragraph (3) of the 1945 Constitution and a state based on the Almighty God as stated in Article 29 paragraph (1) of the 1945 Constitution.

Therefore, in the life of Indonesian society, it is mandatory to implement Islamic law for Muslims, Christian law for Christians, and Hindu law for Hindus.

To implement this law, the intermediary of state power is required. Therefore, in the Marriage Law, the legal basis used is none other than Article 29 of the 1945 Constitution.

So that every article in a norm must be inspired and must not conflict with the provisions of Article 29 of the 1945 Constitution.

This means that all provisions (including marriage) must be in accordance with Article 29 of the 1945 Constitution which is an absolute requirement.

In the Compilation of Islamic Law (KHI), a marriage contract becomes valid after fulfilling the requirements for marriage, including for the prospective groom who is Muslim and the prospective bride who is Muslim.

Where between them there are no obstacles to carrying out marriage or obstacles to marriage due to differences in religion.

So that the prohibition of marriage due to differences in religion for Muslims in Indonesia is contained in the Marriage Law Article 2 paragraph (1) which is connected to Article 8 letter f, Article 40 letter c, and Article 44 of the KHI.

“According to Islamic law, marriage is a form of worship, so protection for Muslims in carrying out worship through the implementation of the marriage.

It is contained in Article 28E paragraph (1) of the 1945 Constitution. Marriage is related to the social order. The marriage must be of the same religion.

The decision to allow the registration of interfaith marriages is stipulated in Decree Number 916/Pdt.P/2022/PN.Sby”. The reason is because of the legal vacuum, for the sake of Human Rights (HAM) and to avoid living together.

Even though at the same time he has violated applicable laws, does not fulfill HAM and legalizes living together.

Law Number 39 of 1999 concerning Human Rights in the Chapter on the right to have a family and continue descendants, Article 10 states.

“A valid marriage can only take place based on the free will of the prospective husband and wife concerned, in accordance with the provisions of the legislation.”

The prohibition on interfaith marriages is even more explicit in Article 44: “A Muslim woman is prohibited from marrying a man who is not Muslim.” Article 61 states:

“Not being equal cannot be used as an excuse for disapproval.

Sumber : Prof. KH Sutan Nasomal SH, MH

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