The Ratio Legis of Canonical Law Has Become Part of Marriage Law in Indonesia

Abstract

In Indonesia, matters regarding marriage are regulated under Law Number 1 of 1974, which was amended by Law Number 16 of 2019. Article 1 stipulates that marriage is for our happiness now and in the eternities based on the belief in One and Only God, which means that marriage involves not only the two parties, but also their religious beliefs. Article 2 (paragraph 1) stipulates that marriage can be legally recognized when it is performed according to the religion of the two parties. While religion plays a role in the marriage, it has no involvement in the divorce settlement. This can be seen in the provisions of Article 39 paragraph (1) stating that divorce can only be granted in front of a court session after the court has tried and failed to reconcile the two parties. There are some ambiguities in the regulations under the Indonesian Marriage Law. This paper specifically deals with the marriage of Catholics which is rooted in the Canon Law. Marriage ceremony in Catholicism begins with the couple saying wedding vows which are then confirmed and blessed by the church pastor. The wedding vows are words of commitment to a shared life that are irrevocable. Therefore, as part of reforms to marriage law in Indonesia, this paper aims to find the ratio legis of Canon Law to be part of marriage law in Indonesia. The paper uses a normative research with statutory, conceptual, and philosophical approaches.  Catholic teachings refer to the Scriptures and Canon Law so that religious law should ideally be part of positive law. The wedding vows in Catholic tradition are irrevocable except in cases of marriage impediment, defective marriage contract, and invalid forma canonica. In such cases, rather than divorced, a marriage can be annuled and, therefore, asserted that no valid marriage ever existed in the first place.

Keywords: Canon Law, Ratio Legis, Marriage Law

DOI: 10.7176/JLPG/119-09

Publication date:March 31^st 2022