Marriage Laws

May 11th, 2007, in News, by Patung

The 1974 Marriage Law violates religious freedom.

About five months after the Aa Gym polygamy controversy, the government’s (non-)response to it, and the Zainal Ma’arif case, a man in Jakarta, M. Insa, has filed for a judicial review of both the 1974 Marriage Act and Law No. 10 of 1983 on Marriage & Divorce for Public Servants. M. Insa of Bintaro, South Jakarta says that the restrictions on polygamy to be found in both these laws violate his religious freedom, as set out in the 1945 constitution.

The 1974 Marriage Act prohibits the practice of polygamy except in cases where both women give their written permission - the first wife, and the (prospective) second wife - and when a court has allowed the second marriage to take place. Additionally such polygamous marriages can only occur where the first wife either cannot fulfil her (sexual) obligations to her husband, or cannot conceive a child, or suffers from a terminal illness.

In a Constitutional Court session on 10th May Insa was heard to complain that the restrictions on polygamy prevent Indonesian citizens from living according to the laws of their religion, in this case Islam. In Islamic law polygamy is permissible, says Insa. Because the law makes it difficult to obtain permission for polygamous marriages Muslims are forced to resort to semi-formal marriages (kawin siri), which are only partly recognised by the state, and cause problems for any resulting children. [1]

Insa has repeatedly tried to have a second marriage recognised by the authorities in South Jakarta, but without success, hence his case at the courthouse. [2]

In court he said:

The Marriage Act is based on monogamy. In Indonesia there are many religions and for other religions maybe the law is suitable. But for Islam it is not.

In response to this presiding judge Roestandi seemed unimpressed. He postponed the hearing to give more time for Insa to set out his case for a judicial review of the Marriage Act in a more complete and logical way. [3]

The case of Insa’s challenge to the marriage law is ongoing.

On 27th June 2007 the minister for religion, Muhammad M Basyuni, appeared at court in front of Chief Justice Jimly Asshiddiqie and said that polygamy was not a human right.

What constitutes a human right is the desire of a person to form a family, because through that biological needs can be met.

Therefore the 1974 Marriage Law was not in contradiction of the 1945 constitution, which guaranteed protection of human rights. He added that a person could satisfy his biological needs and desire to have children without resorting to polygamy.

The head of the Islam section of the department of religion, Nasyaruddin Umar, said that in Islam marriage was based on monogamy, as outlined in the Quran.

Nursyahbani Katjasungkana, a member of parliament, quoted a national hero, Kartini, whereby the latter said that polygamy without restrictions was a great crime. [4]

Insa’s challenge to the law was rejected on October 3rd 2007 with the Constitutional Court predictably finding that restrictions on polygamy were not a violation of Indonesian law and nor of Islamic law. [5]

  1. ↑1 hukumonline
  2. ↑2 republika
  3. ↑3 detik
  4. ↑4 mediaindo
  5. ↑5 antara

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13 Comments on “Marriage Laws”

  1. El Gran Combo Puertorico Says:
    May 11th, 2007 at 7:42 am

    Ok, let them do the polygamy; they will have to fight their own battle against the “women rights” groups.

    But in return, they will have to improve their attitude a bit; be much more civilized, basically be just like any other normal fine human beings.

    How is that for a deal?

  2. Arema Says:
    May 11th, 2007 at 8:26 am

    I think non-moslems would have no problems at all with the polygamy law, we’d just follow what we know is best for us, monogamy.

    But I believe if polygamy is legalized, it will bring so much unbeArable grief to Indonesian women, and even much more stray, “parentless” (heh, not really, but practically so) child. And children without a proper care and education from their parents tend to be criminals. And we have an ample surplus of criminals already.

    M. Insa of Bintaro, South Jakarta says that the restrictions on polygamy to be found in both these laws violate his religious freedom, as set out in the 1945 constitution.

    True. But our forefathers violated the “religious freedom” with good reasons. And it better stay violated until a huge meteor hit the earth.

  3. Janma Says:
    May 11th, 2007 at 9:26 am

    Lets just take a closer look at Mr Insa’s statement.

    on 10th May Insa was heard to complain that the restrictions on polygamy prevent Indonesian citizens from living according to the laws of their religion, in this case Islam.

    Polygamy is not a ‘LAW’ of Islam. You don’t need to practice Polygamy in order to fulfill your obligations as a Muslim. It’s merely permissible, not recommended, and permissible only under certain circumstances, like the first wife agreeing and so on, so it’s the Laws of his religion placing the restrictions on polygamy, not just the law of Indonesia.
    Can I call him an ignoramus pleeeze!?
    Besides, the marriage law that most violates relgious freedom in Indonesia is the one that makes it that the husband and wife HAVE to be of the same religion, forcing people to convert in order to marry someone from a different religion. Now that’s dumb!

    Janma
    *who worships the dog… a subsidary deity designed to catch the overflow, or excess of the worlds worship*

  4. Dimp Says:
    May 11th, 2007 at 11:23 am

    What about if the husband is suffering from terminal illness or cannot fulfil the wife’s (sexual) desire? Can the wife get another husband?

  5. Bas Says:
    May 11th, 2007 at 5:17 pm

    Sexual obligations, what about a daily blowjob obligation?
    Let them indulge in their polygamy fantasy. That will just make even more Indonesian women looking for more decent men (foreigners).

    The real shame and more basic human rights issue about mariage in Indonesia is the interdiction to marry a man or woman from another religion. You should be able to marry who you want. That’s not the case in Indonesia.

    As long as there are laws like that the country will remain a primitive fanatic country with no future.

  6. WP Says:
    May 11th, 2007 at 6:31 pm

    Polygamy is a bit luxury problem.

    There is also this law that forbid marriage between people of different religions. I find this to be a more serious infringing of civil right. I have friends who had to switch religions so that they can marry their loved ones. This is really absurd. Neighboring with other religions is ok, but having a wife of a different religion is suddenly not okay. Why!? I fail to see the logic in this.

    But I suspect the moslem majority will be against the abolishment of this law.

  7. Mohammed Khafi Says:
    May 11th, 2007 at 9:59 pm

    I don’t have anything to add to the comments about polygamy, my views on this will be well know to the people who view Indonesia Matters, from other comments on other threads, I would just like to air my views about the question of marriage between peoples of different faiths, I realise that this is off topic, but has been raised during earlier comments.

    True Islam……….. Wow sorry, I can’t use that phrase anymore, lets try again. Submission, which is the closest direct translation for Islam in English, clearly states that believers can marry other believers:

    “Do not marry idolatresses unless they believe; a believing woman is better than an idolatress, even if you like her. Nor shall you marry idolatrous men, unless they believe. A believing man is better than an idolater, even if you like them.” 2:221

    So just what is a believer?

    “Those who believe, and those who follow the Jews, and the Christians, and the Sabeans, any who believe in God and the Last Day, and work righteousness shall have their reward with their Lord. On them shall be no fear, nor shall they grieve.” 2:62

    Why do we have laws which prohibit us from that which God has given us? Which promote religious tensions, and deliberately cause divisions in our society?

    In fact why do we have laws based on religion at all? The holy books have all been sent as guidance, not as laws, Al Quran clearly states:

    “There is no compulsion in religion.” 2:256

    Peace

  8. El Gran Combo Puertorico Says:
    May 12th, 2007 at 12:08 pm

    Bas, you said:

    As long as there are laws like that the country will remain a primitive fanatic country with no future.

    Umm…. Malaysia has such law, and *cynical mode on* it seems to have a future…. :)

    *cynical mode off*

  9. Piddy Says:
    May 12th, 2007 at 2:47 pm

    If all parties to the marriage give their consent, what is the problem?

    In this case, the state might be stepping in to limit the freedom of consenting adults to live as they choose.

    That being said, I have never thought multiple wives are desirable. If you have more than one wife, none of them will truly love you. They only see you as a walking wallet.

  10. Bas Says:
    May 13th, 2007 at 12:24 am

    Malaysia future is brigther than Indonesia’s future, but not that brighter unless they too change all these illegal laws. Economy is not all.

  11. El Gran Combo Puertorico Says:
    May 13th, 2007 at 8:00 am

    Bas,

    Economy is not all.

    Yea, that’s what I was saying actually. Just read it on indcoup blog entry:

    Miss Malaysia, meanwhile, is a frumpy bespectacled bore who likes to cover up

    Ha ha ha… exactly that’s how I see Malaysia.

  12. Tony Says:
    January 22nd, 2008 at 6:38 am

    Can anyone tell me how long after marriage can I seek a divorce?

    She is Indonesian, I’m English… we were married in Bali, Indonesia August 2007 and seperated October 2007, my wife said she didn’t love me!! She hasn’t tried to fix our marriage since leaving, but I’ve tried everything. The wedding service was christian service and registered in England.

    I would also like to know if it would be quicker to divorce in Indonesia over England.

    I appreciate any information anyone can give.

  13. Cookie Says:
    May 17th, 2008 at 7:27 pm

    I thought we were discussing polygamy? ANYWAY in this constantly changing world, one really should take the time to BREATH and not try to change things any faster. Polygamy obviously has an appeal to men in indonesia only because their is some prestige associated with having more than one woman. If only we could eradicate this prestige….if only other men could sense the total chaos if polygamy was legalised. Consider this, he talks about the deprivation of his right…if the gov. granted him polygamy rights..then they would have to extend that to everyone else, and then eventually to women! I might be a little pessimistic, but I feel as soon as everyone is given the choice of having more than one spouse, they’ll take it. THEN, the sanctity of marriage based on loyalty and love will b lost - and can only b relived through fairy tales and telenovelas. :(

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