Supreme Court of Indonesia Prohibits Judges to Grant Application for Registration of Interfaith Marriages

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By:

Team of Hukumindo

Previously, the www.hukumindo.com platform has talk about "The Case of the Money Multiplier Shaman in Indonesia: Yohanes Suryono", "Central Jakarta District Court Permits Marriage for Muslim-Christian Couples, Here Are the Legal Considerations", you may read also "Contoh Permohonan Penetapan Perkawinan Beda Agama" and on this occasion we will discuss about 'Supreme Court of Indonesia Prohibits Judges to Grant Application for Registration of Interfaith Marriages'.

The Supreme Court of the Republic of Indonesia finally issued a circular letter prohibiting judges from granting requests for the registration of interfaith marriages. This letter is to respond to the polemic on the determination of judges in breaking up interfaith marriages in various regions. Supreme Court Circular Letter (SEMA) Number 2 of 2023 concerning Guidelines for Judges in Trialing Cases for Requests for Registration of Inter-Religious Marriages of Different Religions and Beliefs. The SEMA (Supreme Court Circular Letter) was signed by Chief of Supreme Court, Muhammad Syarifuddin.[1]

The following is the contents of the SEMA (Supreme Court Circular Letter) as referred to:[2]

"In order to provide certainty and legal unity in adjudicating applications for the registration of marriages between people of different religions and beliefs, judges must be guided by the following provisions: 

1. A valid marriage is one that is carried out according to the laws of each religion and belief, in accordance with Article 2 paragraph 1 and Article 8 letter f of Law Number 1 of 1974 concerning Marriage.

2. The court did not grant the application for the registration of marriages between people of different religions and beliefs."

 

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*) For further information please contact:

Mahmud Kusuma Advocate

Law Office

Jakarta - Indonesia.

E-mail: mahmudkusuma22@gmail.com

________________

References:

1. "MA Larang Hakim Kabulkan Permohonan Nikah Beda Agama", www.detik.com., Diakses pada tanggal 21 Juli 2023, Link: https://www.detik.com/sulsel/berita/d-6829810/ma-larang-hakim-kabulkan-permohonan-nikah-beda-agama

2. Ibid.