Implications of Supreme Court Circular Letter No. 2 of 2023 on Interfaith Marriage Registration and Constitutional Marriage Framework in Indonesia

Abstract

Interfaith marriage and its registration remain unresolved issues in Indonesia. One attempt to address this problem is the issuance of Supreme Court Circular Letter (SEMA) No. 2 of 2023. However, SEMA 2/2023 serves as an imperfect solution to resolving the issue of interfaith marriage registration. The Supreme Court’s effort to reject the registration of interfaith marriages undermines the constitutional principles of marriage in Indonesia. This article examines the significant future implications of SEMA 2/2023 for the constitutional framework governing interfaith marriages in Indonesia. The research employs a qualitative method with a normative-juridical analysis approach. The findings indicate that interfaith marriage is a practice that the state must address, as their respective religions no longer acknowledge individuals entering such unions. Consequently, the state attempts to dematerialize the law by incorporating religious elements as a determinant of a marriage's validity. SEMA 2/2023 is legally flawed as a binding regulation, given that it does not fall within the hierarchy of laws and regulations outlined in Law No. 12 of 2011. Nevertheless, SEMA 2/2023 substantially impacts the future of interfaith marriages and related civil issues, including matters of joint property, guardianship, and child custody