ANALISIS YURIDIS SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN PENCATATAN PERKAWINAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN TERHADAP PASAL 35 HURUF a UNDANG-UNDANG NOMOR 23 TAHUN 2006 TENTANG ADMINISTRASI KEPENDUDUKAN

Abstract

The Supreme Court issued Supreme Court Circular Letter Number 2 of 2023 which
explains the prohibition on judges throughout Indonesia from granting requests for
registration of interfaith marriages. Where this rule is in conflict with Article 35 Letter a of
Law Number 23 of 2006. The issuance of SEMA resulted in a setback that hampered the
development of the justice system in guaranteeing the rights of citizens from various
backgrounds. It can be concluded that SEMA Number 2 of 2023 issued by the chairman of
the Supreme Court has violated its constitutionality.
The type of research used by the author is normative legal research or what is known
as "legal research". This means that this legal research aims to examine the conformity of
existing norms regarding the prohibition on the practice of interfaith marriages in the
Supreme Court Circular Letter Number 2 of 2023 with Article 35 Letter a of Law Number
23 of 2006 concerning Population Administration using library study data collection
techniques.
SEMA No. 02 of 2023 is a legal instrument made by the Supreme Court which aims
to direct judges to reject applications for registering marriages between people of different
religions. The urgency of SEMA was created based on pressure from several religious
organizations in Indonesia who do not like marriages between people of different beliefs,
whereas in Indonesia itself every citizen has the right to marry regardless of the religion
adhered to by each partner. Any discrepancies between the Marriage Law and the
Population Administration Law must be resolved through changes to the law, not through
SEMA. As well as the judge's freedom to decide fairly and in accordance with existing
evidence. The issuance of SEMA seems to annul previously existing statutory regulations,
in other words the Supreme Court does not review previously applicable statutory
regulations in making a decision. In practice, there are still district court judges who grant
requests for marriage registration. different religion.
Keywords: SEMA, Population Administration Law, Marriage Law.