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Jakarta Post

New bill on marriage gets mixed reactions

The government’s plan to ban unregistered and contractual marriages and tighten procedures for polygamous ones sparked controversy Monday among the public

Irawaty Wardany (The Jakarta Post)
JAKARTA
Tue, March 3, 2009 Published on Mar. 3, 2009 Published on 2009-03-03T09:20:37+07:00

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The government’s plan to ban unregistered and contractual marriages and tighten procedures for polygamous ones sparked controversy Monday among the public.

Some said the government should not interfere in the private lives of its citizens, while others said the plan should be supplemented with a revision of the 1974 marriage law.

“Marriage is an individual right. Marriage is not only between two single people, but can also be between people who have problems [with their marriage],” restaurant owner Puspo Wardoyo, a polygamist with four wives and 11 children, told The Jakarta Post.

Besides, he went on, Islamic law allowed for unregistered marriages, locally known as nikah siri, and this matter should be accommodated in the law.

The marriage law stipulates that all marriages are legal if conducted according to the requirements of one’s religion or beliefs.

“I believe nikah siri is the best way to avoid adultery, and that it's a [legal] way before a couple marries under the state law,” Puspo said.

He added his first wife had approved of his marrying other women. “Besides, I'm capable financially and spiritually to engage in polygamy, so why not share it with other women?”

Controversial dangdut singer Dewi Persik, under the spotlight after publicly revealing her unregistered marriage to her boyfriend and film actor Aldiansyah Taher, said she decided to take the move for the happiness of her lover.

“Many people consider unregistered marriages unfavorable for women, but I'd rather do it for the sake of another person’s happiness,” she said as quoted by tempointeraktif.com.

Drafted by the Religious Affairs Ministry, the religious court on marriage bill is aimed at curbing such practices and protecting women.

It threatens couples, who tie the knot without either the proper documents or the presence of an authorized religious official, with up to three months in jail and up to Rp 5 million in fines.

State officials who help administer illegal marriages would also face a maximum jail sentence of one year and/or fines of up to Rp 6 million.

The bill, submitted to the State Secretariat for the President's approval, also tightens the prerequisites polygamous marriages.

Muhammadiyah chairman Din Syamsuddin called for caution in passing such a bill into law, to avoid violating religious principles.

“What needs to be regulated is the social dimension [of unregistered marriages],” he said as quoted by Antara news agency. “Don’t try to meddle in religious realms.”

Nahdlatul Ulama deputy chairman Masdar Farid Mas’udi refrained from commenting on

the bill.

“It’s better to listen to the comments from conservatives, liberals and moderates on this issue first ,” he said.

“I will only comment after that.”

Women’s rights activist Lis Markus said she supported the government’s effort to protect women’s rights through the bill.

“Unregistered marriages are really detrimental to women, especially if they have children, because then they can't get birth certificates because legally there is no father,” she argued.

She added the move should also be followed up by amending the 1974 marriage law, which she deemed “unfavorable” to women.

Unregistered marriages are widespread in the predominantly Muslim nation because they are recognized under the religion.

A recent survey also found polygamy was a significant factor behind the country's rising divorce rate.

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