TINJAUAN YURIDIS MENGENAI SEMA NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN PENCATATAN PERKAWINAN ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN

Abstract

This article focuses on the research of Supreme Court Circular Letter Number 2 of 2023 and interfaith marriages in Indonesia. This legal writing aims to find out and analyze the consequences of SEMA Number 2 of 2023 on the practice of registering interfaith marriages in Indonesia and to determine the validity of the SEMA. This article is the result of normative juridical research carried out using literature studies to obtain secondary data from existing legal materials, those are primary, secondary, and tertiary legal materials. The data obtained was then analyzed using qualitative methods. Based on the research result, it was concluded that: First, this SEMA has binding legal consequences for court judges in Indonesia, but is not binding for the general public. Apart from that, for decisions issued both before and after the SEMA appeared, whether it was granted or rejected will still be valid and binding even though they do not comply with the SEMA, although there will still be internal sanctions imposed on judges who violate them. Second, this SEMA is proven to be procedurally valid, but not substantially valid because it was indeed form by a competent authority institution, but substantially inconsistent with the higher norms