1 research outputs found
PENDAPAT HAKIM PASCA SURAT EDARAN MAHKAMAH AGUNG NO 2 TAHUN 2023 TENTANG PELARANGAN PENCATATAN PERKAWINAN BEDA AGAMA DI PENGADILAN NEGERI YOGYAKARTA
No full textIn 2023 the Supreme Court issued Circular No. 2 of 2023. This SEMA was issued
because of the large number of permits for the registration of interfaith marriages
by the courts, even though there was already a prohibition in the previous
regulation, namely SEMA No. 231 of 2019. However, on the other hand, SEMA
No. 2 of 2023 also has substantially the same content as the 2019 SEMA which
discusses interfaith marriages. If, SEMA No. 231 has no effect, then the question is
what impact will SEMA 2023 have on interfaith marriages? Seeing this, there is a
need for legal certainty regarding this issue.
This research is field research. The author uses a normative and empirical
approach. An empirical approach was used to collect data by conducting interviews
with judges. Then the data sources used are primary data taken from judge
interviews, secondary data from statutory regulations and tertiary data.
Looking at the explanation above, it can be concluded that the judges at the
Yogyakarta District Court have the same opinion. This opinion states that interfaith
marriages are a legal event for which applications for permits will not be granted
either with the existence of SEMA No. 2 in 2023 or not. This is because they follow
the essence of existing laws which state that marriage must be in accordance with
the teachings of each religion. However, judges can still use legal discovery
methods in deciding a case regarding an application for registration of an interfaith
marriage. However, this opinion appears to be inconsistent with the Marriage Law,
this is because in several decisions and opinions the judge himself also grants
permission on condition of submission from one of the parties which clearly
contradicts the contents of the Marriage Law
