the indonesian marriage law: battle for constitutional interpretation of religious freedom

This study discusses the constitutional court decisions on the constitutionality of the law no. 1 year 1974 on marriage (marriage law) through several judicial review cases. the paper examines the polygamy, child born out of wedlock, and interfaith marriage case in understanding the reasoning behind controversial decisions made by the constitutional court. it is argued that from the cases, islamic interests in the sense of incorporating islamic law in the indonesian legal system, were considered in the deliberation of the court's decisions even though the court also took consideration from certain human rights values such as children's and women's rights in balancing both interests. in doing so, the court is perceived to contribute to the construction of sophisticated authoritarianism or autocratic legalism by using a seemingly democratic and constitutional means to accomplish hidden agenda of autocracy.

the indonesian marriage law: battle for constitutional interpretation of religious freedom

this study discusses the constitutional court decisions on the constitutionality of the law no. 1 year 1974 on marriage (marriage law) through several judicial review cases. the paper examines the polygamy, child born out of wedlock, and interfaith marriage case in understanding the reasoning behind controversial decisions made by the constitutional court. it is argued that from the cases, islamic interests in the sense of incorporating islamic law in the indonesian legal system, were considered in the deliberation of the court's decisions even though the court also took consideration from certain human rights values such as children's and women's rights in balancing both interests. in doing so, the court is perceived to contribute to the construction of sophisticated authoritarianism or autocratic legalism by using a seemingly democratic and constitutional means to accomplish hidden agenda of autocracy.