Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1157
Characteristics Of Tonsillectomy Surgery Patients at Prof. Dr. R. D. Kandou Manado General
Hospital
Volume 3, No. 6 June 2024 (1157-1169)
p-ISSN 2980-4868 | e-ISSN 2980-4841
https://ajesh.ph/index.php/gp
Registration of Interfaith Marriages in Indonesia Based on Supreme
Court Circular Number 2 of 2023
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
1,2Universitas Indonesia, Depok, DKI Jakarta, Indonesia
E-mail: dheaeldis@gmail.com1*, ade.retno.1993@gmail.com2
ABSTRACT
This study aims to investigate the registration process of interfaith marriages in Indonesia,
focusing on the implications of the revised Marriage Law (Law Number 1 of 1974, amended by
Law Number 16 of 2019) and the Population Administration Law (Law Number 23 of 2006), as
well as assessing the impact of Supreme Court Circular Number 2 of 2023 on these registrations.
The research employs a doctrinal methodology by analyzing secondary data from literature and
official documents. The results indicate that although courts previously permitted the
registration of interfaith marriages, no such authorizations have been issued since the
implementation of the new Supreme Court circular.
Keywords: Interfaith Marriage, Marriage Registration, and Court Order.
INTRODUCTION
Interfaith marriages in Indonesia should not be registered because doing so creates legal
uncertainty about their validity (Suhasti, Djazimah, & Hartini, 2018). The more developed
patterns of various social life in society, the complexity of the problems that will be faced by
humans will also increase. Soerjono Soekanto in his book argues that humans basically have a
tendency to instinct or drive to run life together with other humans around them, the term is
called gregariousness. This tendency to cohabitation instinct is usually channelled through
marital relationships. Marriage is also often encounters problems related to the difference in
religion adopted by both parties (Breger & Hill, 2021). When a man meets a woman, they love
each other and want to continue the relationship to a more serious stage of marriage, but the
religion they profess is different. Interfaith marriage is a hotly discussed topic in Indonesia among
religious leaders, academics, and the general public.
Page 1158
Volume 3, No. 6 June 2024
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
According to Presidential Decree Number 1/PNPS of 1965, Indonesia officially recognizes
six religions: Islam, Christianity, Catholicism, Hinduism, Buddhism, and Confucianism. Data from
the Ministry of Home Affairs shows that Islam is the most widely practised religion in the country.
The Indonesian Ministry of Home Affairs noted that 244.41 million Indonesians embraced Islam,
equivalent to 87.1% of the domestic population. Christianity as the second largest religion, based
on data from the Ministry of Home Affairs is embraced by 20.8 million Indonesians equivalent to
7.4% of Indonesia's total population of 280.73 million people. Catholicism as the third largest
religion in Indonesia, based on data from the Ministry of Home Affairs is embraced by 8.6 million
Indonesians equivalent to 3.06% of the total population of Indonesia (Sultan, Kunath, Förster, &
Matthes, 2024). Hinduism as the fourth largest religion in Indonesia, based on data from the
Ministry of Home Affairs is embraced by 4.73 million Indonesians equivalent to 1.69% of the total
population of Indonesia. Buddhism as the fifth largest religion in Indonesia, based on data from
the Ministry of Home Affairs, is embraced by 2.01 million Indonesians equivalent to 0.72% of the
Indonesian population. Confucianism is a minority religion adopted by the Indonesian population
as evidenced by data from the Ministry of Home Affairs, this religion is only adopted by 76,019
residents in Indonesia equivalent to 0.03% of the total population of Indonesia. Indonesia's
diversity of religions naturally leads to interfaith marriages. Article 28E, paragraph (1) of the
country's constitution ensures the right to freedom of religion, additionally reinforced by Article
22 of Law Number 30 of 1999 on Human Rights (Pratiwi, 2019).
The Marriage Law, formally Law Number 1 of 1974, is a crucial legal instrument in Indonesia
that regulates the institution of marriage. The most recent change was made by the enactment
of Law Number 16 of 2019. This device serves to harmonize marriage regulations in Indonesia, a
country with a wide range of religious beliefs. This instrument aims to offer legal clarity,
particularly regarding interfaith marriage (Alfikri & Rahmatullah, 2024). However, despite
revisions to the Marriage Law, it must explicitly address whether interfaith marriage is allowed
in Indonesia. As a result, there are often varied interpretations concerning interfaith unions. This
is why the issue of interfaith marriage is often debated from various circles, both those who
support and oppose it. This matter has also been submitted several times to the Constitutional
Court in 2014 and 2022. In 2014, the Petitioner applied for a material review of Article 2,
paragraph (1) of the Marriage legislation, which pertains to the legal prerequisites for marriage.
However, the Constitutional Court Decision Number 68/PUU-XII/2014 resulted in the judge
dismissing the request to review the legislation. In Constitutional Court Decision Number
68/PUU-XII/2014, the judge's analysis concluded that interfaith marriage is not permissible. This
decision was founded on the understanding that marriage should be evaluated from a formal
perspective and spiritual and social perspectives. Religion is crucial in assessing marriage validity,
while the law is vital in determining the administrative procedures enforced by the state (Wilson,
2012). In 2022, a different applicant requested to review Article 2, paragraph (1) of the Marriage
Asian Journal of Engineering, Social and Health
Registration of Interfaith Marriages in Indonesia Based on Supreme Court Circular Number
2 of 2023
Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1159
Law. However, the Constitutional Court judge dismissed the review in Decision Number 24/PUU-
XX/2022. The judge's decision essentially emphasized that a valid marriage is conducted
according to one's religion and beliefs, with the state only responsible for registering marriages
per laws and regulations.
Between 2005 and July 2023, there were 1,645 couples in interfaith marriages. This
conclusion stems from information compiled by the Indonesian Conference on Religion and
Peace (ICRP). Ahmad Nurcholish, the ICRP's Program Director, highlighted that marriages
between individuals of different faiths result from Indonesia's pluralistic nature. Interfaith
marriage occurs when a man and woman of different religions marry on the basis of maintaining
their respective religions. Euis Nurlaelawati, Professor of UIN Sunan Kalijaga who was present
online at the examination hearing of the Marriage Law in the Constitutional Court application
Number 24/PUU-XX/2022 argued that many couples have an understanding that interfaith
marriage is allowed, both legally and religiously by carrying out abroad. This understanding arises
due to loopholes in the realization of several articles in the Marriage Law and Law Number 23 of
2006 (hereinafter referred to as the Population Administration Law). Article 57 of the Marriage
Law basically states that marriages legalized abroad can be legalized in Indonesia within 1 (one)
year after the return of the spouse in Indonesia. The regulation is not written redaction on
interfaith marriage, but the redaction contained in the regulation can cause understanding in
some circles that interfaith marriage is included in the provision, furthermore the provisions of
Article 35 letter a of the Population Administration Law also stipulate that civil registrars including
regarding interfaith marriages can register marriages determined to be permissible by the District
Court. Therefore, some couples hold the view that interfaith marriage can be legalized in
Indonesia.
Various court rulings have concerned requests for the registration and legalization of
interfaith marriages. Examples include decisions from the Purwokerto District Court
(Determination Number 54/Pdt.P/2019/PN.Pwt.), The South Jakarta District Court, Central
Jakarta District Court, and East Jakarta District Court have issued determinations with the
following numbers: 131/Pdt.P/2021/PN.Jkt.Sel., 155/Pdt.P/2023/PN.Jkt.Pst., and
359/Pdt.P/2023/PN.Jkt.Tim., respectively. Occasionally, the judges approved the applicants'
pleas to direct the Population and Civil Registration Office to record their interfaith weddings
officially. The state acknowledges the legal recognition of interfaith marriages based on a
commonly held belief among certain Indonesians. In fact, according to Constitutional Court
Decision Number 46/PUU-VIII/2010, marriage registration does not determine its validity. Legal
requirements for marriage still follow Article 2, paragraph (1) of the Marriage Law, but Article 35,
Letter A of the Population Administration Law allows interfaith marriage registration. In 2023,
Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1160
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
the Supreme Court published Supreme Court Circular Number 2 of 2023, which guides judges
regarding the registration of interfaith marriages.
This study addresses the concern that, prior to the implementation of SEMA 2/2023,
specific court rulings allowed the registration of interfaith marriages under the Marriage Law and
Population Administration Law, even though interfaith marriages are prohibited according to
Article 8, letter 2 of the Marriage Law. This study also investigates the implementation of
interfaith marriage registration in Indonesia following the adoption of SEMA 2/2023. According
to the previous description, this study aims to investigate and analyze numerous problem
formulations, namely: first, the registration of interfaith marriages in Indonesia is governed by
Law Number 1 of 1974, as revised by Law Number 16 of 2019 on Marriage, and Law Number 23
of 2006 on Population Administration; second, what is the process for registering interfaith
weddings in Indonesia with the implementation of Supreme Court Circular Number 2 of 2023.
The objectives of this study are derived from the background information and problem definition
provided before, which are: first, to determine the registration process for interfaith weddings in
Indonesia, as outlined in Law Number 1 of 1974, modified by Law Number 16 of 2019 on Marriage
and Law Number 23 of 2006 on Population Administration; second, to determine the registration
process for interfaith weddings in Indonesia following the implementation of Supreme Court
Circular Number 2 of 2023.
RESEARCH METHODS
This study adopted a doctrinal approach, as described by Terry Hutchinson. In doctrinal
legal research, the focus is on examining legal rules, principles, concepts, or doctrines. This
involves a thorough and systematic analysis, evaluation, and critique of these legal aspects and
their connections (Spante, Hashemi, Lundin, & Algers, 2018). The research critically reviews
legislation, decision-making processes, and policies that govern interfaith marriage registration,
including the Marriage Law, the Population Administration Law, and SEMA Number 2 of 2023
Doctrinal research is inherently normative as it examines a set of norms, particularly those related
to interfaith marriage registration. This research aims to connect these norms or specific legal
occurrences, such as court decisions regarding interfaith marriage registration in Indonesia, which
are assessed based on the Marriage Law, the Population Administration Law, and SEMA Number
2 of 2023. The object of research examined in doctrinal research is the problems faced by society
and in the administration of the state and have not been answered according to law, in this case
about interfaith marriage, so further research is needed to find answers to these problems.
The type of data used in this study is secondary data. Secondary data were obtained from
conducting literature studies, which included reading, quoting, recording books, and searching
Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1161
Registration of Interfaith Marriages in Indonesia Based on Supreme Court Circular Number
2 of 2023
for laws and regulations relevant to the research question, in this case related to the registration
of interfaith marriages. Secondary data encompasses primary, secondary, and tertiary legal
materials. The primary legal materials analyzed in this study are authoritative regulations,
including the Marriage Law, the Population Administration Law, and SEMA Number 2 of 2023.
Secondary legal material is all publications about law that do not include laws and regulations
that serve to explain in more detail about primary legal material, in this study examples are books,
journals, scientific articles, and news articles related to the registration of interfaith marriages.
Tertiary legal materials explain primary and secondary legal materials. In this study, tertiary legal
materials refer to online resources like the Big Dictionary Indonesian, which provides insights into
interfaith marriage registration. This study employs qualitative data analysis to examine the data
(Akinyode & Khan, 2018). This type of analysis involves describing data qualitatively, using clear,
logical, and practical sentences. This approach aims to aid the interpretation and understanding
of the analysis results. In qualitative data analysis, legal materials are scrutinized in accordance
with theories, concepts, laws and regulations, doctrines, legal principles, expert opinions, or the
perspectives of researchers. Qualitative data analysis is performed in this study by the laws and
regulations governing the registration of interfaith marriages (Permana, 2024).
RESULTS AND DISCUSSION
Registration of Interfaith Marriages in Indonesia in accordance with Law No. 1 of 1974 on
Population Administration Law No. 16 of 2019 on Marriage, and Law No. 23 of 2006 on
Population Administration as Amended
Marriage is defined as a sacred union between a man and a woman to establish a joyful
and long-lasting family founded on faith in the One True God, as stated in Article 1 of the Marriage
Law. This union encompasses both an external bond, exemplified by the man and woman's
relationship, and an internal bond, which is more nuanced but profoundly experienced as they
construct an existence together (Fletcher, Simpson, Campbell, & Overall, 2019). Article 2,
paragraph (1) of the Marriage Law outlines the legal prerequisites for marriage. It states that a
marriage is considered valid when conducted in accordance with the religious laws and beliefs of
the parties involved. It is deemed invalid if the marriage does not comply with these religious
laws and beliefs. Thus, marriage requirements are dictated by the religious laws each individual
follows. If a marriage is deemed invalid according to religious laws, it is also invalid under national
law. Article 8, letter f of the Marriage Law reinforces the role of religious laws by prohibiting
marriages between individuals whose religion or other relevant regulations forbid such unions.
These provisions highlight the influence of religious laws within the Marriage Law. It is worth
Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1162
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
noting that the religious practices observed in Indonesia generally prohibit interfaith marriages
or unions between individuals of differing religious beliefs (Aini, Utomo, & McDonald, 2019).
In Islamic religious law, marriage aims to continue offspring and form the people of the
Prophet Muhammad (PBUH), as well as perfect worship of Allah SWT. In this law, for marriage to
take place what needs to be taken into consideration in choosing a partner is that prospective
husbands and wives must be equal or equal regarding religion, independence, economy or social
status, and nasab or offspring. Sekufu comes from the Arabic word kafa'ah, which means equal,
equal, equal, comparable, or balanced. In fatwa No. 4/MUNAS/VII/MUI/8/2005, the Indonesian
Ulema Council declares interfaith marriage as forbidden (haram). This ruling is grounded in the
Compilation of Islamic Law, which references Islamic legal principles. Article 40, Letter C, and
Article 44 of the KHI explicitly prohibit interfaith marriages, stating that couples intending to
marry must adhere to the same religion. According to Jumhur Ulama, the legal requirements or
pillars of marriage in Islamic religious law are first, the prospective husband and wife who will
carry out the marriage must be both Muslims; second, both have a clear identity and can be
distinguished from others; and third, both parties agree to hold the marriage. In addition to the
same religion, each candidate must also have fulfilled the provisions regarding marriage
stipulated in Indonesia's positive law, namely the Marriage Law, as well as the minimum age limit
of 19 (nineteen) years for prospective marriage. Regarding interfaith marriage, in literatul fiqh in
Islamic religious law, interfaith marriage can be divided into 3 (three) categories, namely:
1. Marriage between a Muslim man and a polytheistic woman is prohibited. This consensus
among scholars is based on QS. Al-Baqarah (2) verse 221. Based on the interpretation of Ath-
Thabari, the meaning of a polytheistic woman is a woman who is not Muslim and is not a
member of the book. In the verse it is explained that there is a prohibition to continue
marriage with unbelieving women, until they have faith in Allah. The global ban on interfaith
marriage with non-Muslims/infidels has been agreed upon by clerics. The above verse strictly
forbids the marriage of a Muslim to a polytheist either between a Muslim man and a
polytheistic woman or between a polytheist man and a Muslim woman (Jamil, 2017).
However, there are still different interpretations among scholars regarding who is meant by a
polytheist woman who is haram to marry a Muslim man. In his opinion, Ulama Tafsir stated
that the interpretation of polytheistic women in the verse was Arab polytheistic women
because at the time of the Qur'an came down they did not know the holy book and they
worshipped idols. Others claim that the polytheist woman is not only limited to Arab
polytheistic women, but has a general meaning that includes all types of polytheism whether
from Arab tribes or from other tribes. This included a pagan, a Jew and a Christian. On the
other hand, most scholars argue that all women are polytheists whether Arab or non-Arab,
apart from Jewish and Christian scribes.
Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1163
Registration of Interfaith Marriages in Indonesia Based on Supreme Court Circular Number
2 of 2023
2. Marriage between a Muslim man and a woman of the Book. It is regulated in QS. Al-Maidah
(5) verse 5. Most scholars punish haram and forbid these marriages. According to the Shafi'i
School, there are no pure book experts now, because their original books have undergone
many changes. People of the book at this time can be categorized as a group of idolatrous,
The doctrines and practices of Jewish and Christian worship include concepts like shirk or
trinity, which are not accepted in Islam. Jews believe in Uzair as the son of God and venerate
the Temple of Prophet Solomon, while Christians believe in Jesus Christ as the son of God
and honour his mother, Mary (KHAN, 2017).
3. Marriage between a woman who is Muslim and a man who is not Muslim. It is regulated in
QS. Al-Baqarah (2) verse 221 and QS. Al-Mumtahanah (60) verse 10, which basically prohibits
marriage between a woman who is Muslim and a man who is not Muslim.
In Christian law, for the welfare of marriage, the Christian church requires that its people
find a spouse who shares their religion (Witte, 2012). According to Christian doctrine, marriage
aims to establish happiness and a lasting home for the husband, wife, and children. Furthermore,
in Catholic religious law, marriage is Holy, a close and insoluble bond. In both the Old and New
Testaments, there are legal norms governing interfaith marriage. According to Koningsmann, one
of the prohibitions and obstacles to marriage is due to different religions. Furthermore, in Hindu
law, marriage is only valid if it is performed with the sacred ceremony of marriage by Pedandem
and Pedande, and they only want to perform the marriage ceremony if both husband and wife
are Hindus. Pedande in this case is unlikely to bless or organize marriage ceremonies between
those who adhere to different religions. The marriage of an ineligible Hindu can be annulled.
Furthermore, in Buddhist law, marriage is very flexible (Probert, Akhtar, & Blake, 2023). This is
because in Buddhism the provisions regarding marriage are not regulated textularly that is, they
are not discussed in Scripture, so Buddhism does not specifically regulate interfaith marriage
either implicitly or explicitly. In practice, those who follow Buddhism follow the provisions of the
country's applicable laws. Furthermore, in Confucian religious law, the Indonesian Confucian
Supreme Council states that interfaith marriages cannot take place li yuan or marriage blessings.
The marriage blessing can only take place for both prospective husbands and wives who follow
the Confucian religion. This has been regulated in the Rules of the Indonesian Council of
Confucian Religious Clergy and the Marriage Law of the Indonesian Confucian Religious Council.
From the explanation provided, it is evident that virtually every religion in Indonesia prohibits
interfaith marriage. In other words, marriage cannot occur if the individuals involved follow
different religions. Hence, couples intending to marry must share the same religious beliefs.
However, Article 35, letter a of Law Number 23 of 2006 concerning Population
Administration (the Administrative Law) states that marriage registration also applies to court-
determined marriages, which can involve individuals of different religions. This contradicts Article
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
Page 1164
Volume 3, No. 6 June 2024
2, paragraph (1) of the Marriage Law, which asserts that a marriage is valid if conducted according
to the laws of each respective religion. Since interfaith marriages are generally not permitted
according to Indonesian religious beliefs, allowing their registration, as per Article 35, letter A of
the Administrative Law, conflicts with Article 2, paragraph (1) of the Marriage Law. Marriage
registration, in a legal sense, means the marriage gains official recognition and protection from
the state and legally binds third parties. The article seems to open up opportunities for interfaith
marriages for those who want to hold marriages but follow different religions (Nasir, 2020).
The Supreme Court in its jurisprudence Number: 1400 K / Pdt / 1986 dated January 20,
1989 (hereinafter referred to as Supreme Court Jurisprudence 1986) held that there is a legal
vacuum in the Marriage Law related to interfaith marriage, but in fact there are many interfaith
marriages in Indonesia. For this reason, according to the Supreme Court, it cannot be justified if
due to the legal vacuum, the reality and social needs related to interfaith marriage are not
resolved legally will definitely have a negative impact in terms of public life, so the Supreme Court
is of the opinion that it must be found and determined by law, so that the Civil Registry Office
should be the only agency authorized to carry out or assist in carrying out marriages that both
prospective spouses are not of the same Muslim faith must accept the Applicant's application.
Asikin Kusuma Atmadja states in his book that the Supreme Court is aware of and recognizes the
fact that interfaith marriages often occur in society and there is a legal vacuum in this regard. In
the Supreme Court's view, interfaith marriage is possible, and since the only state institution that
can accept interfaith marriages is the Civil Registry Office, it was ordered by the Supreme Court
to accept the registration of interfaith marriages between AVG and A (Ali, 2017).
In practice, the Supreme Court's ruling in 1986 needs to be revised. It suggests that there
needs to be a change in the Marriage Law concerning interfaith marriage (Hedi, Anshori, & Harun,
2017). However, the Marriage Law does not have a legal gap regarding interfaith marriage; it
does not explicitly address it. Instead, the law focuses on the legal conditions for marriage to
adhere to the laws of each religion and the prohibition of marriages against religious laws. Hence,
there are multiple interpretations regarding interfaith marriage. A more accurate statement is
that the Marriage Law should not explicitly regulate the prohibition of interfaith marriages. In
addition, in the Supreme Court Jurisprudence 1986 has its own interpretation by allowing the
registration of interfaith marriages contrary to Article 2 paragraph (1) of the Marriage Law,
because in cases decided by the Supreme Court in the jurisprudence the applicant is a Muslim
who performs interfaith marriages, while in Islamic religious law itself it is clear that interfaith
marriages are prohibited, so that the 1986 Supreme Court Jurisprudence granting the request
for interfaith marriage is actually contrary to the Marriage Law. Due to the issuance of Supreme
Court Jurisprudence in 1986 and the provisions of Article 35 letter a of the Administrative Law,
many judges followed these provisions by granting applications for registration of interfaith
marriages, namely Purwokerto District Court Decree Number 54/Pdt.P/2019/PN.Pwt.
Asian Journal of Engineering, Social and Health
Registration of Interfaith Marriages in Indonesia Based on Supreme Court Circular Number
2 of 2023
Asian Journal of Engineering, Social and Health
Volume 3, No. 6 June 2024
Page 1165
(hereinafter referred to as Purwokerto Determination 2019), South Jakarta District Court
Determination Number 131/Pdt.P/2021/PN. Jkt.Sel. (hereinafter referred to as the 2021 South
Jakarta Determination), and the Central Jakarta District Court Determination Number
155/Pdt.P/2023/PN.Jkt.Pst. (hereinafter referred to as the 2023 Central Jakarta Determination).
In the 2019 Purwokerto Determination, the Catholic JKR Applicant submitted an application
to establish the validity of her marriage and asked for permission to register her marriage with
the Muslim husband of the AY Applicant which was held on February 23, 2019 at St. Joseph
Purwokerto Church. The judge in his ruling granted Applicant JKR's application in its entirety and
validated the marriage of Applicant JKR who is Catholic with Applicant AY's husband who is
Muslim and ordered the Population and Civil Registration Service Officer. The judge in his
judgment stated that Applicant JKR with Applicant AY's husband had fulfilled the requirements
and did not contradict the applicable regulations (Walraven, 2015). The judge was inaccurate and
ignored Article 8 letter f of the Marriage Law in determining the application. In this
determination, Petitioner AY's husband is clearly Muslim, while interfaith marriage in Islamic
religious law is haram and prohibited, so based on Article 8 letter f of the Marriage Law, Applicant
JKR and Applicant AY's husband are prohibited from consummating marriage. Then, based on
Article 2 paragraph (1) of the Marriage Law, the marriage is also invalid, because in Islam it
prohibits interfaith marriage. Thus, the judge should not have granted Applicant JKR's
application, because it contravened Article 2 paragraph (1) and Article 8 point f of the Marriage
Law.
In the 2021 South Jakarta Determination, Applicant I CD and Applicant II BSP (hereinafter
referred to as the Applicants) submitted an application to register their marriage at the
Population and Civil Registration Office. The Petitioners consummated their marriage by means
of Islam and Catholicism on November 7, 2020. The Petitioners performed the marriage contract
according to Islamic religious law in the afternoon at the Crystal Hotel, while in the morning the
Petitioners performed the blessing according to Catholic religious law in the Catholic Church. The
judge in his ruling granted the petitioners' application in its entirety and granted permission to
the petitioners to register their marriages at the Population and Civil Registration Office. The
Judge in his judgment stated that the petition of the Petitioners was well-founded and must be
granted (Stambaugh, 2010). The judge was inaccurate and ignored Article 8 letter f of the
Marriage Law in determining the application. In this determination, Petitioner I CD is Muslim
while Applicant II BSP is Catholic, even though the Petitioners have entered into marriage by
means of Islamic Shari'a, but the marriage is invalid. This is because Applicant II BSP still practices
Catholicism, making the marriage invalid under Islamic religious law. Therefore, according to
Article 2, paragraph (1), and Article 8, point f, of the Marriage Law, marriage is forbidden and
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
Page 1166
Volume 3, No. 6 June 2024
invalid under Islamic religious law. Hence, the judge should not approve the registration of this
interfaith marriage.
Applicant I JEA and Applicant II SW (henceforth referred to as the Applicant) petitioned the
court in the Central Jakarta Determination 2023 to declare the Petitioners' marriages valid in
accordance with the law and to grant the Applicants authorization to register interfaith marriages
at the Population and Civil Registration Office. The judge partially granted the Petitioners' request
to register their interfaith marriages at the Population and Civil Registration Office. However,
unlike the judge in the 2019 Purwokerto Determination, this judge did not declare the marriages
valid according to the law. The judge's decision was influenced by the 1986 Supreme Court
Jurisprudence, which allowed cassation applications regarding interfaith marriage permits, and
Article 35, letter a, of the Administrative Law. In this determination, the judge should also not
have granted the petitioners' application regarding the registration of interfaith marriages,
because Applicant I JEA is Christian and Applicant II SW is Muslim. Based on Article 2 paragraph
(1) and Article 8 letter f of the aforementioned Marriage Law, marriages between the Petitioners
remain invalid and prohibited by Islamic religious law.
Registration of Interfaith Marriages in Indonesia After the Enactment of Supreme Court Circular
Number 2 of 2023
Vice President Ma'ruf Amin, also the Chairman of the Advisory Council of the Indonesian
Ulema Council, responded to several court decisions allowing the registration of interfaith
marriages. Vice President Ma'ruf Amin emphasized that interfaith marriages are prohibited
according to the council's fatwas. Despite many court rulings permitting their registration, the
Indonesian Ulema Council still considers interfaith marriages haram and invalid. On July 17, 2023,
the Supreme Court issued Circular Number 2 of 2023, providing guidelines for judges on handling
applications for registering marriages between people of different religions and beliefs (SEMA
2/2023). The Circular outlines two key provisions to ensure consistency and clarity in the law:
first, judges must follow Article 2, paragraph (1), and Article 8, letter f of the Marriage Law;
second, courts must not grant applications for the registration of interfaith marriages. SEMA
2/2023 has provided legal certainty and uniformity for judges in determining marriage
applications and marriage registrations submitted by people who adhere to different religions
and beliefs. Ahmad Tholabi Kharlie as Professor of Islamic Law UIN Syarif Hidayatullah Jakarta
believes that the issuance of SEMA 2/2023 is the right step in the context of the supremacy of
the Marriage Law, especially within the judiciary, but according to Ahmad Tholabi, SEMA 2/2023
needs to be followed up further by forming laws and regulations in the form of laws or regulations
for the perpetrators. This is because SEMA 2/2023 does not mean ending the practice of
interfaith marriage. The gap in the space for interfaith marriage still exists in Article 35 letter a of
the Administrative Law. Ahmad Tholabi stated that conflicts between norms in the Marriage Law
and the Administrative Law must be resolved by harmonizing between laws and regulations, so
Asian Journal of Engineering, Social and Health
Registration of Interfaith Marriages in Indonesia Based on Supreme Court Circular Number
2 of 2023
Page 1167
Volume 3, No. 6 June 2024
that there is no more legal uncertainty related to interfaith marriage. Meanwhile, Chairman of
the Indonesian Ulema Council for Fatwa, Asrorun Niam also appreciated the Supreme Court's
move related to the issuance of a regulation regarding the prohibition of interfaith marriage
registration. According to Asrorun Niam, the issuance of SEMA 2/2023 is very appropriate to
provide legal certainty in marriage and an effort to close loopholes for interfaith marriage actors
who have been playing games and trying to find legal loopholes.
Chief Justice Syarifudin explained that SEMA 2/2023 was issued to ensure consistency and
clarity in handling applications for registering marriages between people of different religions
and beliefs. This decision came in response to significant pressure from various groups advocating
for the approval of interfaith marriages. Spokesman from the Supreme Court, Suharto, stated
that SEMA 2/2023 is intended to provide certainty and unity in the application of law for judges
in adjudicating cases of applications for registration of marriages between people of different
religions and beliefs in accordance with the functions of the Supreme Court. Suharto clarified that
SEMA 2/2023 is not a regulation but a guideline referencing Article 2 of the Marriage Law. He
explained that the Supreme Court issued this guideline to fulfil its supervisory role as outlined in
Article 32 of Law Number 3 of 2009, which mandates the Supreme Court to oversee the
administration of justice across all judicial bodies under its authority. Since SEMA 2/2023 was
enacted, no court has approved applications for the registration of interfaith marriages,
indicating that judges adhere to the guideline, which essentially prohibits such registrations.
CONCLUSION
The Marriage Law in Indonesia does not explicitly regulate the registration of interfaith
marriages. To address this, the 1986 Supreme Court Jurisprudence allowed the registration of
interfaith marriages, supported by the Administrative Law, which also permits such registrations.
As a result, many judges followed this precedent and granted requests for interfaith marriage
registrations through court decisions. However, after the enactment of SEMA 2/2023, there is
now clarity and legal consistency for judges regarding these applications. Since SEMA 2/2023
came into effect, no court has granted applications for the registration of interfaith marriages,
ensuring uniformity in judicial decisions on this matter.
BIBLIOGRAPHY
Aini, N., Utomo, A., & McDonald, P. (2019). Interreligious marriage in Indonesia. Journal of
Religion and Demography, 6(1), 189–214.
Akinyode, B. F., & Khan, T. H. (2018). Step by step approach for qualitative data analysis.
International Journal of Built Environment and Sustainability, 5(3).
Alfikri, A. F. S., & Rahmatullah, M. A. (2024). Interfaith Marriage from a Legal Justice Perspective
Asian Journal of Engineering, Social and Health
Dhea Eldi Safiera1*, Sonyendah Retnaningsih2
Page 1168
Volume 3, No. 6 June 2024
After The Supreme Court’s (SEMA) 2023 Circular Letter. Alauddin Law Development Journal,
6(1), 92–107.
Ali, N. (2017). Muslims in Interfaith Marriages in the West: Gender, Globalization, and Pluralism.
Breger, R., & Hill, R. (2021). Cross-cultural marriage: Identity and choice. Routledge.
Fletcher, G. J. O., Simpson, J. A., Campbell, L., & Overall, N. C. (2019). The science of intimate
relationships. John Wiley & Sons.
Hedi, F., Anshori, A. G., & Harun, H. (2017). Legal Policy of Interfaith Marriage in Indonesia.
Hasanuddin Law Review, 3(3), 263–276.
Jamil, M. (2017). The Quran on Marriage: Indonesian Interpreters Perspectives on Marriage of
Muslim with Polytheist. International Journal of Humanities and Social Science Invention,
6(7), 9–12.
KHAN, B. R. A. A. (2017). Lessons From History-1-Reflections on the Jewish, Christian, Muslim
Past, Present and Future. Defence Journal, 21(3), 39.
Nasir, M. A. (2020). Religion, law, and identity: contending authorities on interfaith marriage in
Lombok, Indonesia. Islam and Christian–Muslim Relations, 31(2), 131–150.
Permana, D. Y. (2024). Legal Study of Interfaith Marriage According to Positive Law and Religious
Law Regarding the Practice of Interfaith Marriage in Indonesia. The Easta Journal Law and
Human Rights, 2(02), 41–50.
Pratiwi, C. S. (2019). The Permissible Scope of Legal Limitation on Freedom of Religion or Belief
(FoRB) and Freedom of Expression (FoE) under International Human Rights Law (IHRL): The
Study of Blasphemy Cases in Indonesia. Available at SSRN 3312715.
Probert, R., Akhtar, R. C., & Blake, S. (2023). Belief in Marriage: The Evidence for Reforming
Weddings Law. Bristol University Press.
Spante, M., Hashemi, S. S., Lundin, M., & Algers, A. (2018). Digital competence and digital literacy
in higher education research: Systematic review of concept use. Cogent Education, 5(1),
1519143.
Stambaugh, M. (2010). Well-Founded Fear of Persecution among Women Seeking Asylum:
Lessons Learned from the Law of Rape. NML Rev., 40, 455.
Suhasti, E., Djazimah, S., & Hartini, H. (2018). Polemics on Interfaith Marriage in Indonesia
between Rules and Practices. Al-Jami’ah: Journal of Islamic Studies, 56(2), 367–394.
Sultan, S., Kunath, G., Förster, H., & Matthes, J. (2024). Indonesia: A new Indo-Pacific partner?
IW-Report.
Walraven, B. (2015). Kasa, Communication, and Public Opinion. Journal of Korean Studies, 20(1),
201–228.
Wilson, R. F. (2012). The calculus of accommodation: contraception, abortion, same-sex
marriage, and other clashes between religion and the state. BCL Rev., 53, 1417.
Witte, J. (2012). From sacrament to contract: Marriage, religion, and law in the Western tradition.
Presbyterian Publishing Corp.
Copyright holder:
Asian Journal of Engineering, Social and Health
Registration of Interfaith Marriages in Indonesia Based on Supreme Court Circular Number
2 of 2023
Page 1169
Volume 3, No. 6 June 2024
Dhea Eldi Safiera, Sonyendah Retnaningsih (2024)
First publication right:
Asian Journal of Engineering, Social and Health (AJESH)
This article is licensed under:
Asian Journal of Engineering, Social and Health
