The State Role through Court Warrant in Protection of Interfaith Marriage in Indonesia

摘要

There is a vacuum of regulation in Marriage Law Number 1 of 1974 in Indonesia which does not provide protection for interfaith marriage couple. Meanwhile the data shows increasing numbers of interfaith marriage in Indonesia. There are many ways have been done by interfaith marriage couple in order to legitimate their marriage by going overseas and to convert each couple religion temporarily. There is another way which couple can obtain marriage endorsement by request a court warrant. However, the fact increasing number of judges to refuse giving court warrant. There are preferences from the judges to refuse giving court warrant rely on different reasons. Meanwhile the function of Goverment Office Register Department in interfaith marriage only to record and issue marriage certificate.Besides Marriage Act Number 1 of 1974, there are some law regulations which can be used by judges for giving court warrant. Those law regulations if applied by judges may give broader access to justice to interfaith marriage couple.