Reimagining the Legal Framework for Interfaith Marriage in Indonesia: A Path Toward Inclusive Matrimonial Recognition

Indonesian marriage law does not explicitly regulate the legal status of interfaith marriages, resulting in legal uncertainty and varied judicial interpretations. This lack of clarity has prompted differing court decisions regarding such unions. Ideally, the judiciary should offer clear legal guidance on matters of public concern. Consequently, there is a pressing need for a well-defined legal framework to address the status of interfaith marriages in Indonesia. This study seeks to identify a normative resolution to this legal ambiguity. Employing normative legal research with a statutory approach, the study relies on data collected through a comprehensive literature review of books, relevant laws, and previous scholarly works, which are then analyzed descriptively. The findings reveal that Supreme Court Circular Letter (SEMA) No. 2 of 2023, which provides judicial guidelines on handling requests for the registration of marriages between individuals of different religions and beliefs, can serve to fill the existing legal void. Although courts have previously demonstrated inconsistency on this matter, the circular explicitly instructs judges to reject such marriage registration requests, citing incompatibility with respective religious doctrines. In conclusion, the study highlights that SEMA No. 2 of 2023 plays a pivotal role in promoting regulatory coherence regarding interfaith marriages in Indonesia and in minimizing the associated legal uncertainties.

Authors

Publication Details

Journal
Nurani Jurnal Kajian Syari ah dan Masyarakat
Published
2025-06-30
DOI
https://doi.org/10.19109/nurani.v25i1.27016
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
Controls
|||
ALL TIME
JAN
FEB
MAR
APR
MAY
JUN
JUL
AUG
SEP
OCT
article

Reimagining the Legal Framework for Interfaith Marriage in Indonesia: A Path Toward Inclusive Matrimonial Recognition

Ilda Hayati, Busman Edyar, Desfitranita Desfitranita, Budi Johan et al.
Nurani Jurnal Kajian Syari ah dan Masyarakat
Legal Studies and Policies
article

Reimagining the Legal Framework for Interfaith Marriage in Indonesia: A Path Toward Inclusive Matrimonial Recognition

Ilda Hayati, Busman Edyar, Desfitranita Desfitranita, Budi Johan, M Syahrur Romadhon
article en

Abstract

Indonesian marriage law does not explicitly regulate the legal status of interfaith marriages, resulting in legal uncertainty and varied judicial interpretations. This lack of clarity has prompted differing court decisions regarding such unions. Ideally, the judiciary should offer clear legal guidance on matters of public concern. Consequently, there is a pressing need for a well-defined legal framework to address the status of interfaith marriages in Indonesia. This study seeks to identify a normative resolution to this legal ambiguity. Employing normative legal research with a statutory approach, the study relies on data collected through a comprehensive literature review of books, relevant laws, and previous scholarly works, which are then analyzed descriptively. The findings reveal that Supreme Court Circular Letter (SEMA) No. 2 of 2023, which provides judicial guidelines on handling requests for the registration of marriages between individuals of different religions and beliefs, can serve to fill the existing legal void. Although courts have previously demonstrated inconsistency on this matter, the circular explicitly instructs judges to reject such marriage registration requests, citing incompatibility with respective religious doctrines. In conclusion, the study highlights that SEMA No. 2 of 2023 plays a pivotal role in promoting regulatory coherence regarding interfaith marriages in Indonesia and in minimizing the associated legal uncertainties.

Nurani Jurnal Kajian Syari ah dan MasyarakatVol. 25(1)
Openalex Percentile: Top 71%
Legal Studies and Policies
AI Navigator

Ask Laika to Summarize, Analyze, and Connect papers live on the map.

Summarize Papers & Methodologies

Extract key findings, datasets, and comparative methods across publications.

Benchmark Rankings & Visual Analytics

Rank top research institutions, authors, funders, topics, and journals by Field-Weighted Citation Impact (FWCI) and paper volume with instant charts.

Connect Distant Disciplines

Bridge topological clusters on the map to find hidden collaborative intersections.