Analisis Perkawinan Beda Agama Menurut Surat Edaran MA (SEMA) No 2 Tahun 2023

Analysis of Interfaith Marriages According to MA Circular Letter (SEMA) No. 2 of 2023

Abstract

This study aims to understand the position of interfaith marriages according to Supreme Court Circular Letter (SEMA) No. 2 of 2023. The research method used is descriptive qualitative with a normative and philosophical juridical approach. Data were collected through literature studies and analyzed based on norms in laws and Islamic law as well as scholars' opinions. The results of the study indicate that SEMA No. 2 of 2023 provides guidelines for judges in adjudicating cases of marriage registration between people of different religions. Although this policy is not legally binding, it has a significant impact on providing legal certainty regarding interfaith marriages in Indonesia. SEMA states that a valid marriage is one conducted according to each religion's laws and emphasizes that the court will not grant requests for the registration of interfaith marriages. This study concludes that the policy has generated pros and cons in the community. Some see it as a form of legal certainty, while others consider it a violation of human rights. Overall, SEMA No. 2 of 2023 aims to provide clear guidance for courts in handling interfaith marriage cases.