Judging and Social Cohesion: The Case of Interfaith Marriage in Indonesia

This article examines how courts in a diverse and divided society navigate tensions over a polarized religious issue. The incrementalist approach that defers difficult choices about state and religion through vague compromise has been defended in polities where achieving cohesion proves difficult. This article investigates how the court grapples with incrementalist logic underlying the regulation of interfaith marriage in Indonesia. To mitigate disagreements, the Indonesian Marriage Law has left the legality of interfaith marriage ambiguous and subject to constant negotiation and compromise. This article argues that the Indonesian Constitutional Court has failed to sustain this balance, as the court increasingly leans towards the religious aspect of marriage. Indonesian experience shows the complexities of court interventions on unclear legislative agreements and contentious issues in society. The Court adopted a rigid legal interpretation based on conservative religious views, which not only undermines rights and pluralism, but intensifies tensions and complicates future negotiations.