INDONEWSIAN.COM – Three Indonesian citizens submitted a material review request to the Constitutional Court (MK) against Article 2 paragraph (1) of Law No. 1 Year 1974 on Marriage, as last amended by Law No. 16 Year 2019.
For the Applicant, the regulation has closed access to the registration of interfaith marriages and violates the constitutional rights of citizens.
The request was submitted by Henoch Thomas, S.H., Uswatun Hasanah, S.H., and Syamsul Jahidin.
The first two applicants are a couple each of whom has a plan to marry a partner of a different religion, while the third applicant is an advocate as well as a doctoral student in law.
In their application, the Applicants challenge the phrase “marriage is valid if conducted according to the laws of each of their religions and beliefs” in Article 2 paragraph (1) of the Marriage Law.
According to them, the provision has been interpreted in administrative practice as an absolute ban on interfaith marriage.
“Esta norma es ambigua y susceptible de múltiples interpretaciones, pero en la práctica se interpreta de manera única como una prohibición del matrimonio entre seguidores de religiones diferentes”, afirmaron los Demandantes en su escrito de solicitud.
The applicant stated that state apparatus, both the Religious Affairs Office (KUA) and the Civil Registration and Population Service (Disdukcapil), consistently reject the registration of interfaith marriages. According to them, this situation is further reinforced by the issuance of the Supreme Court Circular Letter No. 2 of 2023, which prohibits courts from granting requests for the registration of marriages between people of different religions and beliefs.
As a result, the Applicants consider that they have lost their constitutional rights to form a family as guaranteed by Article 28B paragraph (1) of the 1945 Constitution, the right to legal certainty in Article 28D paragraph (1), as well as the right to be free from discriminatory treatment as stipulated in Article 28I paragraph (2) of the 1945 Constitution.
Henoch Thomas, one of the applicants, stated that the regulation makes it impossible for him to legally marry his beloved partner.
“the country has failed to provide a neutral legal mechanism for citizens with different beliefs,” he told Tribunnews on Sunday (12/21/2025).
Meanwhile, Uswatun Hasanah stated that the regulation forces many interfaith couples to take legally and morally problematic paths, such as administratively changing religion without genuine belief, marrying abroad, or living together without a legal marriage.
As for the third Applicant, Syamsul Jahidin, he considers the validity of Article 2 paragraph (1) of the Marriage Law also has a broad impact on legal certainty and equality before the law.
“Such regulations could harm those seeking justice and create legal uncertainty due to differing interpretations at the court level,” he said.
In their application, the Applicants also highlighted the existence of disparities in court decisions regarding the registration of interfaith marriages.
According to Syamsul, some courts have granted requests for the registration of interfaith marriages, while other courts have rejected them by referring to Article 2 paragraph (1) of the Marriage Law.
The Applicant requests the Constitutional Court to declare Article 2 paragraph (1) of the Marriage Law conflicting with the 1945 Constitution, as long as it is interpreted as closing the registration of interfaith marriages, or at least to provide a constitutional interpretation so that the state provides a mechanism for marriage registration that ensures legal certainty and protection of citizens’ fundamental rights.
The material review request has been registered and will be examined by the Constitutional Court in accordance with its authority to review laws against the 1945 Constitution. ***
