KEDUDUKAN PENETAPAN PENGADILAN NEGERI TERKAIT PERKAWINAN BEDA AGAMA DALAM PERSPEKTIF SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023

Abstract

The diversity of religions and beliefs in Indonesia has led to the occurrence of marriages
between followers of different religions and beliefs, commonly referred to as interfaith
marriages. Interfaith marriages should not occur based on Article 2 paragraph (1) in
conjunction with Article 8 sub f of the Marriage Law and the Supreme Court Circular Letter
Number 2 of 2023. This study discusses the Position of the District Court Decision Number
423/Pdt.P/2023/PN Jkt.Utr in adjudicating interfaith marriage applications from the
perspective of the Supreme Court Circular Letter Number 2 of 2023 and the Synchronization
of the District Court Decision Number 423/Pdt.P/2023/PN Jkt.Utr with the Supreme Court
Circular Letter Number 2 of 2023.
This research employs a normative legal research method by examining the core issues
through a legislative and regulatory research approach related to legal issues. The data sources
consist of secondary data, which includes primary legal materials, secondary legal materials,
and tertiary legal materials. The data collection method was conducted through literature study,
followed by normative qualitative data analysis methods.
Based on the research results and discussion, the Position of the District Court Decision
Number 423/Pdt.P/2023/PN Jkt.Utr contradicts the Guidelines in the Supreme Court Circular
Letter Number 2 of 2023. The District Court Decision Number 423/Pdt.P/2023/PN Jkt.Utr and
the Supreme Court Circular Letter Number 2 of 2023, based on the theory of the legislative
hierarchy, do not synchronize. The Supreme Court Circular Letter No. 2 of 2023 contains policy
regulations and guidelines for judges in adjudicating interfaith marriage applications. However,
the District Court Decision Number 423/Pdt.P/2023/PN Jkt.Utr, in approving the interfaith
marriage case, only refers to Article 35 Letter a of Law Number 23 of 2006 concerning
Population Administration. Judges should be more cautious in deciding on interfaith marriage
applications and also refer to the Marriage Law, Supreme Court Circular Letter Number 2 of
2023, and other related regulations regarding the regulation of interfaith marriages so that legal
certainty in a court decision is properly implemented.
Keywords: Court Decision, Interfaith, Circular Letter