ABSTRACT
This chapter examines the tension between Indonesia’s personal status law and the principle of equality, focusing on normative rules and the role of judges and legal stakeholders in shaping its application. It argues that the Marriage Law No. 1/1974 and related legislation represent significant efforts to create a unified legal framework aimed at reducing religious discrimination and promoting equality. Yet, in practice, personal status remains fragmented, with provisions for Muslims in the Kompilasi Hukum Islam, for non-Muslims in the Civil Code, and for all citizens in adat law. This fragmentation has generated conflicts, especially in interfaith families. The analysis shows that while the Kompilasi does not always explicitly require religious uniformity, Islamic court judges often adhere strictly to religious doctrines, particularly in child custody and divorce cases involving apostasy. In contrast, their use of the concept of obligatory bequest in interfaith inheritance reveals a progressive effort to achieve fairness. These contrasting approaches highlight the dynamics of personal status law and the ongoing struggle in Indonesia’s legal landscape to balance equality, religious identity, and human rights.
