Reimagining the Legal Framework for Interfaith Marriage in Indonesia: A Path Toward Inclusive Matrimonial Recognition

Abstract

Indonesian marriage law does not explicitly regulate the legal status of interfaith marriages, resulting in legal uncertainty and varied judicial interpretations. This lack of clarity has prompted differing court decisions regarding such unions. Ideally, the judiciary should offer clear legal guidance on matters of public concern. Consequently, there is a pressing need for a well-defined legal framework to address the status of interfaith marriages in Indonesia. This study seeks to identify a normative resolution to this legal ambiguity. Employing normative legal research with a statutory approach, the study relies on data collected through a comprehensive literature review of books, relevant laws, and previous scholarly works, which are then analyzed descriptively. The findings reveal that Supreme Court Circular Letter (SEMA) No. 2 of 2023, which provides judicial guidelines on handling requests for the registration of marriages between individuals of different religions and beliefs, can serve to fill the existing legal void. Although courts have previously demonstrated inconsistency on this matter, the circular explicitly instructs judges to reject such marriage registration requests, citing incompatibility with respective religious doctrines. In conclusion, the study highlights that SEMA No. 2 of 2023 plays a pivotal role in promoting regulatory coherence regarding interfaith marriages in Indonesia and in minimizing the associated legal uncertainties.