PROBLEMS IN REGISTERING INTERFAITH MARRIAGES FOR NON-MUSLIM COUPLES AFTER THE ISSUANCE OF SUPREME COURT CIRCULAR NUMBER 2 OF 2023

Abstract

The Marriage Law does not expressly regulate the permissibility or prohibition of interfaith marriage, but based on the provisions contained in the Marriage Law, it is understandable that interfaith marriage is not prohibited in its religious teachings, then each couple of different religions can carry it out. Married couples who carry out interfaith marriages must register their marriage with the Civil Registration Office, because marriage registration aims to protect all parties who have an interest in the marriage. Ironically, the Supreme Court has issued Supreme Court Circular Letter Number 2 of 2023, which states that the court did not grant the application for registration of marriages between people of different religions and beliefs. This reality is interesting to analyze through research that is designed qualitatively with a normative juridical type. The research approach used is a philosophical and legislative approach, and the data collected is analyzed qualitatively juridically. Based on the results of the analysis, it is known that legal protection for non-Muslim communities who carry out interfaith marriages because according to their religious teachings is not prohibited, has been neglected due to the issuance of the Supreme Court Circular Letter Number 2 of 2023, even though one of the state's goals as stipulated in the Fourth Paragraph of the Preamble to the 1945 NRI Constitution is to protect the entire Indonesian nation. It can also be said that the Circular Letter is contrary to the principle of equality before the law.