Interfaith Marriage in Indonesia After Supreme Court Circular (SEMA) No. 2 of 2023: A Juridical-Normative Analysis

Abstract

The issuance of Supreme Court Circular Letter (SEMA) No. 2 of 2023 is a significant development regarding interfaith marriages in Indonesia. This circular letter changes judicial practice by prohibiting courts from granting applications for interfaith marriages. This study aims to analyse the position and power of SEMA as a judicial policy instrument, as well as its impact on judicial independence. A jurisdictional-normative approach is employed, incorporating legislative, conceptual and case-based methods. The findings suggest that SEMA No. 2 of 2023 does not introduce a new legal norm, but rather reaffirms the Marriage Law, with the intention of standardising judicial practices. SEMA implies a shift in the role of judges from discovering law to implementing judicial policy that emphasises uniformity. However, for effective implementation, the norms must be harmonised with the Marriage Law and the Population Administration Law.