Juridical Implications of the Legal Norm Void of Interfaith Marriages in Indonesia

Abstract

Legal void of interfaith marriages in Indonesia to date has not offered legal certainty and sense of fairness to couples of differing religions. Particularly, their rights to form a family and to freedom of religion are unprotected; whereas those rights are guaranteed by the 1945

Problems Faced by Catholic Partners in Inter-religious Marriage in Flores, South-east Indonesia

“…In a pluralistic society, the interaction between people from different tribes, religions, races, and groups is widespread, and therefore mixed marriages between people of different ethnicities, races, religions, and groups are unavoidable. Studies conducted by Sri Wahyuni (Sri Wahyuni, 2010) (Sri Wahyuni, 2018) and Indrayanti Kadek et al (Indrayanti, 2017) confirm that interfaith (interreligious) marriages still frequently occur in Indonesia. In the 1970s, there were recorded interfaith marriages between Emelia Contessa (Islam) and Rio Tambunan (Christian), and in the 80s, between Jamal Mirdad, a Muslim, and Lydia Kandau, a Christian artist.…”

“…Kadek W. Indrayanti et al (Indrayanti, 2017) viewed mixed marriages of different religions as an indicator of religious openness and freedom. However, they also highlighted the vacuum of law as the root of various problems in interfaith marriages in Indonesia.…”

“…In addition, different nationality marriages were recorded, for example, marriages between Bunga Citra Lestari and Asraf Sinclair and Krisdayanti and Raul Lemos (Aini, 2008) (Husain Insawan, 2008). The highest number of mixed interfaith marriages occurs between Muslim and Protestant, followed by those who are Muslim and Catholic, Muslim and Hindu, Muslim and Buddhist (Indrayanti, 2017).…”