Hernest, Juweni Mangiri, Lisma Lumentut, Poppy Andilolo

DYNAMICS OF REGULATION AND IMPLEMENTATION OF INTERFAITH MARRIAGES IN NO. FOLLOWING THE SUPREME COURT CIRCULAR NO. 2 OF 2023

Introduction

Dynamics of regulation and implementation of interfaith marriages in no. Following the supreme court circular no. 2 of 2023. Analyze the dynamics and challenges of interfaith marriage regulation and implementation in Indonesia after Supreme Court Circular No. 2/2023. Understand its impact and proposed solutions.

Abstract

The legal regulation of interfaith marriages in Indonesia has undergone significant changes with the issuance of Supreme Court Circular Letter (SEMA) Number 2 of 2023. This SEMA aims to provide legal certainty and protect the rights of individuals wishing to conduct interfaith marriages. This study analyzes the impact of the SEMA on the regulation and practice of interfaith marriages in Indonesia and identifies the obstacles and challenges faced in its implementation. The research method used is normative juridical with a statutory approach, legal document analysis, and case studies. The results show that although SEMA Number 2 of 2023 provides clearer guidelines, its implementation faces various challenges, including resistance from religious communities, limited understanding by legal officials, and administrative and technical aspects. Therefore, collaborative efforts between the government, law enforcement officials, religious leaders, and the community are needed to ensure that these guidelines can be applied effectively and fairly.

Review

This study critically examines the evolving landscape of interfaith marriage regulation in Indonesia, particularly in the aftermath of Supreme Court Circular Letter (SEMA) Number 2 of 2023. The paper's stated objective is highly pertinent and timely, aiming to analyze the impact of this significant legal development on the practice of interfaith marriages, while concurrently identifying the practical obstacles and challenges encountered during its implementation. Employing a normative juridical research method, supported by a statutory approach, legal document analysis, and case studies, the research promises a comprehensive understanding of the topic. The core finding—that while the SEMA offers clearer guidelines, its application is fraught with difficulties—sets the stage for an insightful discussion on a complex socio-legal issue. The immediate strength of this work lies in its direct engagement with a recent and highly contentious legal instrument. The SEMA No. 2 of 2023 represents a crucial shift in the discourse surrounding interfaith marriages in Indonesia, and a study analyzing its 'dynamics of regulation and implementation' is invaluable. The chosen methodology, integrating statutory analysis with real-world case studies and legal document review, suggests a robust approach to capturing both the theoretical intent and practical realities. The identification of specific challenges—resistance from religious communities, limited understanding by legal officials, and administrative/technical hurdles—underscores the practical relevance of the findings and highlights the multifaceted nature of legal implementation in a diverse society. While the abstract provides a strong outline, the full paper would benefit from elaborating on the specific nature and sources of the identified challenges. For instance, a deeper dive into the ideological underpinnings of the "resistance from religious communities" or concrete examples of "limited understanding by legal officials" would significantly enrich the analysis. Similarly, detailing the "administrative and technical aspects" that pose difficulties would offer more tangible insights for policymakers. Nevertheless, the study's call for collaborative efforts among various stakeholders—government, law enforcement, religious leaders, and the community—is a commendable and necessary conclusion, pointing towards actionable strategies for ensuring effective and equitable application of the new guidelines.

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