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.