IMPLEMENTASI PERKAWINAN BEDA AGAMA PASCA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN PENCATATAN PERKAWINAN BEDA ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN (STUDI KASUS DI PENGADILAN NEGERI YOGYAKARTA)

Septiawan, Fernando (2024) IMPLEMENTASI PERKAWINAN BEDA AGAMA PASCA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 TENTANG PETUNJUK BAGI HAKIM DALAM MENGADILI PERKARA PERMOHONAN PENCATATAN PERKAWINAN BEDA ANTAR-UMAT YANG BERBEDA AGAMA DAN KEPERCAYAAN (STUDI KASUS DI PENGADILAN NEGERI YOGYAKARTA). S1 thesis, Universitas Atma Jaya Yogyakarta.

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Abstract

Based on SEMA Number 2 of 2023, it can be concluded that Judges at the General Court at the Supreme Court will not accept the legalization of interfaith marriages. Thus, the glimmer of hope for justice seekers to marry people of different religions has been closed off. This seems to not recognize the human rights of those seeking justice which can be seen from Article 28B of the 1945 Constitution Amendment which states that "every person has the right to form a family and continue their offspring through a legal marriage. The problem formulation is the Implementation of Marriages Between People of Different Religions Post-SEMA Number 2 of 2023 concerning Guidelines for Judges in Adjudicating Cases of Applications for Registration of Marriages Between People of Different Religions and Beliefs (Case Study at the Yogyakarta District Court)? The author uses empirical legal research methods. Based on the research results, the judge never granted the request, because the judge considered SEMA No. 2 of 2023 which prohibits judges from granting requests for interfaith marriages and judges prevent family conflicts which in fact start from interfaith marriages, so that when there is a legal conflict, it can be legally resolved clearly and without multiple interpretations. The judge views a harmonious marriage as when the married couple has the same basic religious norms. SEMA is not a statutory regulation and does not bind judges, but because in SEMA there is the sentence "The court does not grant requests for registration of marriages between people of different religions and beliefs" then this is interpreted as a form of imperative coercive action, so that the judges under The authority of the Supreme Court can be subject to and obedient to comply with the SEMA.

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