Indonesian Secularism: Indonesian Marriage Law 1975 No.1
Indonesian Secularism: Indonesian Marriage Law 1975 No.1
Indonesian Secularism: Indonesian Marriage Law 1975 No.1
Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
of Indonesia
Nadia Fadhila
Critical Issue:
How does the tension between the religious law embedded in the Marriage Law No.1/1974 and
Thesis:
The Marriage Law No.1/1974 entrenches the ambiguous conceptualized compromise between
secular and religious values of the constitutional identity of Indonesia (I). This ambiguity
creates dissonances with regards to the guarantee of rights that are absorbed by initially
Introduction
Part II. Dissonances with regards to the guarantee of rights absorbed through
bureaucratization in the early stage and the recent amplifying role of judicial review
IIA. Bureaucratization maintains the states status quo in limiting the formal position of
IIB. Increasing role of judicial review in resolving the conflict between the guarantee of human
Conclusion:
What holds for the Indonesias future: preservation of the states status-quo or mutation?
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
Will it be possible for us to stay together as our faiths are different?
God is one, but we are not the same Peri Cintaku, Marcell, 2011.
From the mentioned above popular 2011 song lyrics and the Amir Hamzahs 1937
Nyanyi Sunyi classical literature work to the nation-wide TV screened struggle of Lidya and
Jamala famous interreligious celebrity couple who appealed to the Supreme Court in order to
register their marriagehindered marriage often reoccurs in Indonesian contemporary art and
pop culture. The tragedy of obstructed interreligious marriage is one of the exemplary conflicts
between love and belief vis--vis the entrenchment of religious values in the Indonesias 1974
Marriage Law because its conception tries to find balance in the Pancasila 1 constitutional
ideology of Belief in a Unitary Deity with the other four principles, mainly Just and Civilized
Humanity and the pluralistic national emblem of Unity in Diversity2. Hence, the example of
Marriage Law 1974 can be used as a periphery to further explore Indonesias constitutional
nuclei identity 3. Being a country with the largest Muslim population in the world existing
amongst syncretism of various religions in addition to over 300 ethnic groups, Indonesias
process of positioning Islamic norms in the states legal order have been shaping its
dialogically and represents a mix of political aspirations and commitments that are expressive
of a nations past, as well as the determination of those within the society who seek in some
ways to transcend that past. It is changeable but resistant to its own destruction, and it may
manifest itself differently in different settings 4 . Indonesia, with the exception of Aceh
1
The five principles that become the official philosophical foundation of the Indonesian state
2
Bhinneka Tunggal Ika or Unity in Diversity is the official national motto of Indonesia
3
Jacobsohn uses the concept of nuclei and periphery in the case of Israel family law. Periphery
issues in the specific law can be used to reveal the core of constitutional identity nuclei.
Gary Jeffrey Jacobsohn, "Constitutional Identity," The Review of Politics Rev. Polit. no. 03 (2006):
68, doi:10.1017/s0034670506000192.
4
Jacobsohn, 7.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
provinces special autonomy, has limited the formal position of Islamic law within the national
legal system by excluding shariah from the public and the criminal law. However, Indonesia
recognizes the entrenchment of substantial religious values in the constitution and allow
judicial enclaves in personal laws that often in contestation with the liberal constitutionalism of
guaranteeing individual rights. Therefore, this paper will address to the critical issue as follows:
How does the tension between the religious law entrenched in the Marriage Law No.1/1974
and the guarantee of human rights reflect the constitutional identity of Indonesia?
In the first part, the ambiguous conceptualization of secular and religious constitutional
identity entrenched in the Marriage Law No.1/1974 (I) will be discussed. In the second part, we
move on in analyzing further how the dissonances from both the more conservative Islamists
and the more liberal groups with regards to the guarantee of rights are absorbed through the
early stage bureaucratization and the recent amplifying role of judicial review (II). At the end,
we will explore the future of constitutional identity mutation and preservation of Indonesia.
Historically, Indonesia uses the evolution of reception theory introduced by the Dutch5
that claimed the status quo by absorbing and co-opting the principles of Islamic law through
a body of Islamic courts, only to the extent that those principles were reflected in adat6. During
the constitutional drafting before the independence, Islamists had effectively lobbied for the
inclusion of Jakarta Charter with its first pillar7 that include enforcement of shariah law for
the Muslims. However, the final version of the first pillar was altered into Belief in a Unitary
5
Mb. Hooker, "Introduction: Islamic Law in South-East Asia", Stud. Islam. Studia Islamika 10, no. 1
(2002): 213, 218,
6
Pre-existing customary traditions
7
Belief in Almighty God with the obligation for Muslim adherents to carry out the Islamic shariah
law
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
Deity with five other pillars in the Pancasila8 to conciliate the concerns of the Communists
also the Christians in the Eastern Indonesia who threatens to secede. Additionally, the alteration
addressed concerns on the previously more militant constitution format that emphasizes the
states imposition of Islamic law on the majority of moderate Muslims who had been living
under syncretism of Islam, traditional customs, and Dutch western colonial norms. The military
dictatorship during the Soehartos era further solidify the Pancasila state-centrist approach as
the ultimate status quo that transcend over religion. After the fall of Soeharto, the Islamic parties
demand for shariah law formalisation 9 during the transitional constitution amendment had
failed. The huge constitutional amendment during 1999-2002 in the Reformasi era still retained
the original form with regards to the article 29(1)10. The Pancasilas first pillar preservation in
the article 29 after the 2002 amendment symbolizes the beginning of the new reception theory
of independent democratizing Indonesia that needs to be proactive and responsive in the face
of calls for it to accommodate the demands of lesser or greater role for Islam within the state
constitutionalism12 of Indonesia that is not a secular state neither a religious state. There is no
single religion hegemony over the state, yet religion becomes substantially one of the important
pillars of the state and the constitution. Pancasila consequently appear to establish adherence
to ones religious beliefs as both a right and an obligation of Indonesian citizenship. They also
8
Pancasila are the five pillars becomes the state foundation: Belief in a Unitary Deity, Just and
Civilized Humanity, National Unity, Representative Democracy and Social Justice
9
by amending the article 29 (1) to the initial Jakarta Charter wording
10
Article 29(1) of the 1945 Constitution of Indonesia The State shall be based upon the belief in the
Unitary Deity
11
Azra, Azyumardi, "Introduction: The State and Sharia in the Perspective OF Indonesian Legal
Politics," Sharia and Politics in Modern Indonesia, (2003): 1, 13.
12
Constitution in which what is set out in their provisions is intended to conform to the general
configuration of the society. Jacobsohn, 11.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
appear to compel the government to not only safeguard religious freedom mentioned in the
Article 28E(2)13 of the Constitution, but also always enforce the rights to freedom of religion
in a positive connotation, meaning that there is no place for anti-religion movement or atheism.
As Pancasila is the state philosophy and the source of all sources of law14, the formal new-
Hirschls idea regarding the co-optation15 by the state that further allows constitutionalism to
have hierarchical control over religions or as Troper argued that religion falls under the
religious values can be seen as a form of legal pluralism which continues to be an object of
political struggle17 especially with regards to the guarantee of rights in the Indonesias 1945
Constitution. Despite guaranteeing various ranging rights provisions18, the Article 28J(2)19 can
often be used to limit the rights provision based on religious values. This shows that although
the states effort in limiting religious laws in overarching the states legal order, the substantial
religious values in the constitution can be used as a legal basis to limit individual rights and
13
Article 28E(2) of the 1945 Constitution of Indonesia stated Every person shall have the right to the
freedom to believe his/her faith, and to express his/her view and thoughts, in accordance with his/her
conscience
14
the Article 2 of Lawmaking Law No. 10 2004
15
The formal enshrinement of religion in the states constitution. R. Hirschl, The The Political
Economy of Constitutionalism in a Non-Secularist World, Comparative Constitutional Design,
(2012):165,
16
Sovereignty and Lacite
17
Michel Troper, "Sovereignty and Lacit," Constitutional Secularism in an Age of Religious Revival
(2014): 2574,
18
Chapter XA on Human Rights in the 1945 Constitution of Indonesia
19
Article 28(2) in the Constitution of Indonesia In exercising his/her rights and freedoms, every
person shall have the duty to accept the restrictions established by law for the sole purposes of
guaranteeing the recognition and respect of the rights and freedoms of others and of satisfying just
demands based upon considerations of morality, religious values, security and public order in a
democratic society.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
freedom. This struggle can be seen further concretely with regards to the Marriage Law
No.1/1974.
The Marriage Law no.1/1974 reflects the Pancasila constant positive role of the state
in enforcing the rights to freedom of religion. The priority accorded to family law results in part
from the perception that it is imperative for the religion to retain control over the family because
it is within the family that religious belief is inculcated20. Nevertheless, the Marriage Law is a
political achievement aimed at creating a uniform marriage regulation for all Indonesians and
at protecting the position of the woman in marriage more adequately. Despite its success in
limiting the age of marriage, putting womens in a more equal legal standing, and increasing
unification of marriage law, the final result of the bill after the long political process still
contains a significant amount of religious values, retains plural legal personalities, and widens
Historically, there were diversity of laws on marriage based on religion and ethnicities
that have been enforced since Dutch colonial times. During Soehartos era, there were an
interest to create a united civil identity in the marriage law and pressures from the feminist
activists to improve the inequality of womens rights due to the discriminatory adat law and
Islamic law under the Dutch system. The initial draft provides marriage strictly separated from
registration, prohibition of polygamy, and transfer or marriage laws from the religious court to
the civil court. Due to the strong resistances from Muslim organizations to these provisions and
a 'walk out' from Parliament by the Muslim parties21, the former points mentioned had all been
20
Daniel S. Lev, Islamic Courts in Indonesia: A Study in the Political Bases of Legal Institutions,
(1972): 136-37,
21
Adriaan Bedner and Stijn Van Huis, "Plurality of Marriage Law and Marriage Registration for
Muslims in Indonesia: A Plea for Pragmatism," ULR Utrecht Law Review 6, no. 2 (2010): 179,
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
amended before its legislation.
Several liberal and secularization reforms however have endured in the Marriage Law
1974 final format that sometimes even limit the entrenchment of religious values and practices.
For an example, it prohibits the Islamic practice of unilateral divorce by requiring and allowing
both men and women to file divorce through the court process. Moreover, the polygamy
practice that was seen as infringement of gender equality was limited under several strict
conditions22 monitored by the Islamic court permission. At last, complementary Law on the
Religious Courts 1980 was developed to enable the appeal of the Religious Courts decisions on
the personal laws, including rulings on the marriage law, by the Supreme Court23.
Religious entrenchment in the 1974 Marriage Law nevertheless still exist. Firstly, the
1974 Marriage Law establishes marriage on a religious basis. Article 2(1) 24 requires the
marriage registration process to not only be a civil registration but must be tied to religious
ambiguous since the validity of marriage depends on the interpretation of each religious
institution recognized by the state and not according to the individuals. Secondly, although the
Marriage Law unifies the diverse kinds of personal law in force during colonial times, one
cannot speak of an identical marriage law for all Indonesians25. Plural legal personalities occur
primarily because of the substantive rule of Article 2(1) makes the legality of marriage
dependent on how the various religions interpret the valid marriage process. Additionally, in
the formal practice the Muslims set their marriage legal cases in the Religious Courts under the
22
Articles 3, 4, and 5 of the 1974 Marriage Law stipulate that marriage is based on the principle of
monogamy, but the Court may give permission in case: (1) the wife cannot fulfil her duties as a wife;
(2) the wife is physically disabled or contracts an incurable disease; (3) the guarantee that the husband
will behave justly towards his wives and children
23
Supreme Cpurt sits above the other courts and is the final court of appeal
24
Article 2(1) of the 1974 Marriage Law stated A marriage is legitimate, if it has been performed
according to the laws of the respective religions and beliefs of the parties concerned.
25
S. Pompe, "Mixed Marriages in Indonesia: Some Comments on the Law and the
Literature," Bijdragen Tot De Taal-, Land- En Volkenkunde / Journal of the Humanities and Social
Sciences of Southeast Asia 144, no. 2 (1988): 262,
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
Ministry of Religion and the the other religious holders settle their cases in the Civil Court. This
deepens further the pluralism of legal personalities that can be seen as a challenge to the rights
to the equality before the law in the constitution26. Thirdly, the Marriage Law has widened
the jurisdictions of the Religious Courts judicial enclaves since the customary adat no longer
applies in the marriage and divorce cases. All of these aspects are form of religious
entrenchment in the Marriage Law 1974 that are contested with regards to the tensions with the
guaranteeing of rights.
Part II. Dissonances with regards to the guarantee of human rights absorbed through
IIA. Bureaucratization maintains the states status quo in limiting the formal position of
In the early stage of 1974 Marriage Law, the state has used bureaucratization through
executive decrees and regulations to absorb the dissonances of the individuals with regards to
the guarantee of rights. The main tools of the executive decree is Kompilasi and further
Kompilasi shows how the religion co-optation by the state is deepened, even to one can
say creating a new state madhhadb27. The Presidential Decision No.1 of 1999, referred to as
Kompilasi, produced a codified Islamic law doctrine on marriage, inheritance, and gifts.
Kompilasi is a comprehensive sources for religious court judges to use in their cases28. It was
assembled by the Supreme Court and the Ministry of Religious Affairs as a product of extensive
26
Article 27(1) of the 1945 Constitution of Indonesia stated All citizens shall be equal before the law
and the government and shall be required to respect the law and the government, with no exceptions.
27
A school of thought within Islamic jurisprudence. Such as Hanafi, Maliki, Shafii, Hanbali, etc.
28
Hooker, 20.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
consideration of 38 fiqh29 texts, interviews with 166 ulama30 and comparative studies of the
Islamic law applied in Tunisia, Egypt, and Morocco. Firstly, through Kompilasi the central
government has denied direct legal authority of Islamic law; Islamic rules on marriage remain
contingent upon their recognition by the State31. Before Kompilasi, religious court judges can
apply their own interpretation of doctrine. However, since its issuance religious court judges
should refer exclusively to Kompilasi. Secondly, the case of conflict between demand for
widening rights to religious practice of polygamy and protection of womens rights to equality
was answered by the states co-optation trough Kompilasi. For an example, the state can use
Kompilasi to reinstate that the restrictions on polygamy comes from Islamic law not by the state
as with the Marriage Law. Kompilasi hence able to further enhances the guarantee of rights of
woman by strictly limiting polygamy practice under the conditions given by the state, such as
written and signed permission from the first wife, the need to proof that the husband can be fair,
etc.
dissonances in between protecting of rights and the entrenchment of religious values. Initially,
the Soeharto government controls the jurisdiction of Religious Courts regarding personal laws
under the executive control of the Ministry of Religious Affairs. Hence, the appointment of
local judges was brought strictly under the ministerial executive control. Before to 1989, the
Religious Courts judges had been part-time locals recruited due to their Islamic credentials,
such as their understanding of Arabic and their knowledge of key fiqh literatures. The 1989
Religious Courts Law reform those judges into a full-time career bureaucratic judges. It allows
29
Islamic jurisprudence
30
A body of Muslim Scholars who are recognized as having specialist knowledge of Islamic sacred
law and theology
31
Butt, Simon, "Islam, The State, and the Constitutional Court," Pacific Rim Law and Policy
Journal 19, no. 2 (2010): 290,
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
more executive controls over the procedures of recruitment and training of judges such as
academic training, including training in secular law. This educational requirements and judicial
appointment procedures were introduced so as to transfer the locus of power from local
strongmen to the government officials32. The reform also increased the number of female
judges serving on Islamic courts from roughly 5 percent in the early 1980s to roughly 20 percent
today33. Since the late 1970s, conventionally the decisions made by the religious courts were
made under the judicial supervision of the Supreme Court through the formal appeals process.
Since the Supreme Court could overturn decisions of religious courts which do not follow the
Marriage Law 1974 or Kompilasi, the compliance with the 1974 Marriage Law increases
because of the religious court judges want to avoid reversal on appeal. As the rationalization
process of democratization after the Soeharto, executive competences were decreased and the
religious courts were finally formally moved from the Ministry of Religion to the Supreme
The executive decrees and policies mentioned above are still form of compromise
between the Islamic conservatives and the modern liberals regarding the inclusion of religion
in the civil matters. In consequence, their conceptions have parallel problems with the formation
of the Marriage Law 1974. Despite its effort in trying to find middle ground of recognizing
religious values and liberal guarantee of individual rights, dissonances from both ends still
pertinent. For an example, the less flexible Muslim scholars were disappointed with the
allowance of interreligious marriage in the Kompilasi that does not accord with the strict
interpretation of the Quran. Some other sees the state control through Kompilasi and religious
courts have limited the freedom religious practices of the conservatives interpretation of Islam,
32
Hirschl, 197,
33
Ibid.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
such as polygamy. On the other hand, the feminist groups think that Kompilasi is still a
patronizing patriarchal product that does not put women in equal footing with men with regards
to rights of interreligious marriage, divorce, and the sexist nature of the polygamy criteria.
IIB. Increasing role of judicial review in resolving the tension between the guarantee of
Since the democratization process in the 1998, the judicial review increasingly has been
playing a significant role in clarifying the tension between the religious values and the
guaranteeing of rights. Interestingly, the various judicial review contestations from both the
conservatives and the liberals dissonances to the Marriage Law often use the argument of
protection of constitutional rights in pushing or pulling the state away from or towards religion.
The particular examples from The Religious Court Case, The Polygamy Case, and The
Before the establishment of the Constitutional Court, the Supreme Court played an
active judicial role in filling any legislative gaps such as its precedent on the interreligious
marriage registration of a famous celebrity couple in the 1986. The court decided that since it
is everyones constitutional rights to marry and the principle of equality before the law, the
interreligious marriage registration can be done despite the lack of interreligious marriage
In contrast with the previous judicial activism of the Supreme Court, the recently
established Constitutional Court still uphold the states status quo over religious affairs that are
not fully left to the individuals rights or the religious communities. The court reinstates the
status quo of the Pancasila states positive role in The Religious Courts Case. The applicant,
a young Islamic school graduate, argued that adherence to Islam requires Muslims to be subject
to Islamic law including civil and criminal law. Consequently, he argued that the limited
religious courts jurisdictions had breached the Article 28E(1) individual constitutional rights
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
to religious freedom of the applicant and the entire Indonesian Muslim community34. The court
rejected the action on the ground that Indonesia is not a religious state nor a secular state and
added the state does not hand over all religious affairs entirely to the individuals nor the
religious community 35 . The Constitutional Courts Judge Muhammad Alim during the
hearings also stated that in this Republic of Indonesia, the highest law is the 1945
Constitution, not the Quran. Hence the Constitution, which entrenches states co-optation and
Similarly, in The Polygamy Case the applicant objected to the Marriage Law 1974
that prevented him from practicing polygamy. He argued that the law had breached the Islamic
Law as a source of the National Law. In answering this argument the court first explained the
position of polygamy in the Islamic Law before checking the constitutionality of the contested
law36. The judicial reviews competences in interpreting religious domain further reflects the
states assertive co-optation of religious interpretation. The court responded that the state
(ulil amri) has the authority to determine the requirements which must be fulfilled by citizens
who wish to enter into a polygamous marriage in the interests of the public benefit particularly
to achieve the goals of marriagethat is, to create a happy and everlasting household based on
the Almighty God.37 The court further legitimizes its jurisdiction by stating that according to
the Islamic law polygamy is something that can be regulated by humans since it is in the domain
of relations between humans (muamalah) and not in the domain of worship of God (ibadah),
that is immutable 38 . Secondly, the court also rejected the applicants claim regarding the
breaching of the rights to marry and the rights to freedom of beliefs since the Marriage Law did
not prohibit Muslims from marrying and even allowed them to do polygamous marriage under
34
Religious Courts Case, supra note 8, para. 2.1.
35
Id., supra note 8, para. 3.18
36
Polygamy Case, para. 3.15
37
Id., para. 3.15.4.
38
Polygamy Case, para 3.15.6,
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
preconditions to ensure the purposes of marriage were met39. The court explained further that
the Marriage Law a quo strengthens the guarantee of this freedom of religious practice with the
The Constitutional Court so far also still holds the states status quo when its monopoly
of religious interpretation was challenged by the demand to protect the rights to individually
interpret and practice religious beliefs. In The Interreligious Marriage Case several legal
consultants and law students demanded the rights that are based on the constitutional rights to
marry and practice religionby annulling the entrenched religious values in the Article 2(1) of
the 1974 Marriage Law. The applicants see that this article allows the state to force its
interpretation to the individuals consequently violated the constitutional rights to the freedom
of beliefs. The court also rejected this request by stating that marriage cannot be seen only in
its formal practice, but needed to be seen from the spiritual and the social aspects...religion
decides the validity of marriage and the Marriage Law 1974 provides the validity of the states
administration40. In all of these cases, the court interpreted that the state positively guarantees
the rights to marry and religious practice within the states limits and interpretation, and refuse
to further widens the religious affairs on marriage to the individuals nor religious communities.
CONCLUSION
acquiescence constitutional compromise between secular and religious values in the 1945
Indonesian constitution. Pancasila as a state ideology tries to settle the compromise by making
no single religion hegemony over the state, yet religion becomes substantially one of the
important pillars of the constitution. This leads to the co-optation of religion by constitution
that is reflected in the importance of substantial religious values in the Marriage Law and the
39
Id., supra note 6, para 3.18.2,
40
Interreligious Marriage Case, para 3.12.5,
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
judicial enclaves of personal laws. The ambiguous position creates dissonances with regards to
the guaranteeing of constitutional rights that tried to be absorbed by initially though the
executive bureaucratization and the currently increasing roles of judicial review. Both the
bureaucratization and the judicial review process favor the status quo of the state over the
further formal encroachment of religious values in the nor the widening the individual rights to
What holds for the Indonesias future: preservation of the states status-quo or mutation?
The ambiguous position of not a religious neither a secular state will continuously be a subject
to political and legal contestations in the upcoming evolution of democratizing Reformasi era
that has a stronger civil society than the state-centrist Soeharto era and a more polarized
modern capitalist economy, etc. This dynamic will further attempt to mutates Indonesias
constitutional identity towards the fusion between religion and the state or further secularization.
The parallel reinstatement of the states assertive status quo over religious matters entrenched
in the 1945 Constitution, the 1974 Marriage Law, the executive bureaucratization on the
personal laws, and even the discussed judicial reviews of the Constitutional Court arguably
reflects that the state interprets and formalizes religions accord with the current aspirations of
the majority of moderate Indonesian Muslims. However, in the future the constitutional
preservation of the states excessive assertive role can result in the limit constitutional
interpretation of religious values happen, the state will have a more neutral relationship with
religion. Nevertheless, it is not the case since the current judicial review results as mentioned
in the paper are still reluctant in being neutral with regards to religion or favoring the individual
rights to the interpretation of religious values. Given its increasing role, the judicial review
should protect further the rights of minorities, not just the non-Muslims, but mainly those who
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
are not easily acceptable in the current status quo of Pancasila framework, such as the current
constitutionalism.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
BIBLIOGRAPHY
2. Bedner, Adriaan, and Stijn Van Huis. "Plurality of Marriage Law and Marriage
Registration for Muslims in Indonesia: A Plea for Pragmatism." ULR Utrecht Law
3. Butt, Simon. Islam, The State, and Constitutional Court, Pacific Rim Law and
4. Cammack, Mark, Lawrence A. Young, and Tim Heaton. "Legislating Social Change
doi:10.2307/3351514.
2010.
9. Hooker, M. B., Islamic Law in South-East Asia, Oxford: Oxford University Press,
1984, 255.
Constitutional Design Final Paper Prof. Gretchen Allen-Mestrallet
Nadia Fadhila
100059171
10. Jacobsohn, Gary J. Constitutional Identity. Cambridge, MA: Harvard University Press,
2010.
11. Nurlaelawati, Euis. Islamic Justice in Indonesia: Family Law Reform and Legal
Practice in the Religious Courts. Jakarta, Syarif Hidayatullah State Islamic University,
2012.
12. Nurlaelawati, Euis, Modernization, Tradition, and Identity: The Kompilasi Hukum
Islam and Legal Practices of the Indonesian Religious Court, Amsterdam: Amsterdam
Supervision of Islamic Judges in Indonesia, Pacific Rim Law and Policy Journal, Vol.
14. Pompe, Sebastiaan. Marriages in Indonesia: Some Comments on the Law and the
doi:10.1163/22134379-90003296.
15. Katz, June S., and Ronald S. Katz. "The New Indonesian Marriage Law: A Mirror of
16. M.D, Mahfud. Perdebatan Hukum Tata Negara: Pasca Amandemen Konstitusi. Jakarta,
LP3ES, 2007.
2013.
18. Siregar, Fritz Edward. "The Political Context of Judicial Review in Indonesia." ILREV
University, 2013.
20. Tushnet, Mark. The Rise of Weak-form Judicial Review. Comp. Tom Ginsburg.