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SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES

Loenide, Cliff Ivan and M, Khoidin and Poesoko, Herowati and Suci, Aries (2024) SEMA BINDING STRENGTH NO. 2/2023 REGARDING THE JUDGE'S DETERMINATION IN APPLICATIONS FOR REGISTRATION OF INTERFAITH MARRIAGES. Awang Long Law Review.

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Abstract

The state guarantees freedom of religion, as well as forming a marriage. Registration of marriages,
especially mixed marriages, is regulated in Article 57 of Law no. 16 of 2019 concerning Marriage. This
mixed marriage is also related to interfaith marriage which is also a right for Indonesian citizens. The
Supreme Court in this case made SEMA No. 2/2023 dated 17 July 2023 concerning Appointments for
Judges in Adjudicating Cases on Applications for Registration of Marriages Between People of
Different Religions and Beliefs, at point No. 2 explains that "The court did not grant the request for
registration of marriages between people of different religions and beliefs." If this SEMA is analyzed it
is in conflict with Article 35 letter (a) of Law no. 23 of 2006 in conjunction with Article 50 of Minister of
Home Affairs Regulation no. 108/2019. Therefore, the author analyzes the binding strength of SEMA
No. 2/2023 dated 17 July 2023 regarding the failure to grant the request for registration of interfaith
marriages. Meanwhile, Minister of Home Affairs Regulation no. 108/2019 states that interfaith
marriages must be proven, which automatically results in an application being made to the court. This
is also related to Article 35 letter (a) of Law no. 23 of 2006 concerning Population Administration
which regulates marriages determined by courts for people of different religions. Therefore, the author
analyzes the above problem with the problem, namely the binding force of SEMA No. 2/2023
regarding the judge's decision in the application for registration of interfaith marriages. The method
used is normative juridical research, with an analysis of the theory of authority and legal certainty. The
approaches used are the conceptual approach, statutory approach and case approach. The
conclusion to be reached in this writing has future perspective value and is in accordance with its
axiology, namely the aim of law is justice.

Item Type: Article
Subjects: 300 – Ilmu Sosial > 340 Ilmu hukum > 340 Ilmu hukum
Divisions: Hasil Penilitian
Depositing User: Unnamed user with email administrator@janabadra.ac.id
Date Deposited: 27 Sep 2024 03:00
Last Modified: 27 Sep 2024 06:03
URI: https://repository.janabadra.ac.id/id/eprint/16

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