The Implementation of Supreme Court Circular Letter Number 2 Of 2023 in the Surakarta District Court on the Administrative Rights Of Individuals in Interfaith Marriage
Abstract
Interfaith marriage is an inevitable phenomenon in pluralistic societies like
Indonesia. Although the Marriage Law does not explicitly prohibit interfaith
marriages, the Population Administration Law allows couples of different faiths
to record their marriages through a court decision. In response, the Supreme
Court issued Circular Letter No. 2 of 2023, containing guidelines for judges in
adjudicating cases of interfaith marriages. This research aims to understand the
background and objectives of this Supreme Court Circular Letter (SEMA)
issuance and its implementation in fulfilling the administrative rights of
interfaith couples in the Surakarta District Court. The research methodology
employed is field research with a juridical-empirical approach. The findings
indicate that the SEMA serves as a legal basis for judges to make decisions
regarding the registration of interfaith marriages to achieve consistency and
clarity for the public. Despite criticism, this SEMA continues to receive a
positive response from the Surakarta District Court. This SEMA emphasizes
that the validity of marriages in Indonesia is only recognized based on religious
law, highlighting the formal legal principles of marriage rather than population
administration law. This SEMA encourages prospective interfaith couples to
consider getting married by legal regulations, allowing the marriage to be
recorded and thus fulfilling their administrative rights.
Collections
- Islamic Law [663]