Problem interreligious marriages: Rethinking Problem Legal Prohibition Of Application Feedback Registration Of Interreligious Marriages

Abstract

The conflict of norms in Law No. 1 of 1974 and the existence of Article 35 letter a of the Population Administration Law concerning registration of marriages has opened up opportunities for the establishment of interfaith marriages which are clearly contrary to Article 2 of the Marriage Law which implicitly stipulates that interfaith marriages are illegitimate in the eyes of religion and the state. The logical consequence of this juridical conflict is that there is an opportunity for disparity for judges in determining interfaith marriage applications through district courts so that the Supreme Court forces the Supreme Court to issue SEMA number 2 of 2023 to confirm the definition of a valid marriage and an order to court judges not to grant requests for the registration of interfaith marriages. different religions and beliefs.Legal problems arise, first of all, the presence of SEMA number 2 of 2023 is a form of legal certainty and unity in the application of the law, but there are legal problems, namely aspects of judicial power that have the potential to crash into the independence and independence of judges in deciding interfaith marriage applications, both the binding power of SEMA itself in the legal system and the three problems of registering marriages for interfaith marriage actors concerning rights as citizens and other civil rights. This study uses a doctrinal method with a statutory approach, a conceptual approach and a comparative legal approach by analyzing specifically the performance of legal norms, institutions and their authority in administering marriages based on laws which are then analyzed qualitatively. This research resulted in a study of the consequences of SEMA Number 2 of 2023 concerning Guidelines for judges in adjudicating cases on requests for registration of marriages between people of different religions and beliefs associated with the polemic of judicial power. There are conflicts between the district court and the religious court, while marriages are based on the same peartraun. The district court certainly has the perspective that marriage registration is a legal breakthrough, but marriage is an institution that legalizes human relations where the legality must be proven in a marriage certificate as authentic proof of the existence of a valid marriage event. One of the problems in the validity of marriage is interfaith marriage with legal risks related to the validity of the marriage, marriage registration, child status, divorce, to problems related to inheritance. Registration of marriage is a form of state presence in the religious life of citizens so that the state must have firmness in arranging various marriages in Indonesia. This research also explores that the purpose of the unification of judges' opinions through SEMA is not a unification of law and SEMA is a regulation that does not fit into the legal system in Indonesia as a rule that has broad implications for the religious life of its citizens. The research has implications for the country to think again about the legal problems of interfaith marriages, it is not enough just to issue a SEMA prohibiting the granting of requests for interfaith marriages. This research must be able to emphasize that the state only legitimizes legitimate and legal legal actions, not providing breakthroughs for illegal ones. State registration must be able to provide legal certainty for adherents of religions in conditions of diversity of religious beliefs. Marriage regulation by the state can function as a guide for the religious life of citizens while at the same time guaranteeing their rights as citizens.
Keyword : Marriage, different religions, registration, independence of judges.