Supreme Court Asks Judges To Take Care Of The SEMA Prohibition Of Interfaith Marriages

JAKARTA - The Supreme Court asked the judges to follow the circular letter of the Supreme Court (SEMA) number 2 of 2023 concerning instructions for judges in adjudicating requests for marriage registration between people of different religions and beliefs.

"The Supreme Court has issued guidelines as contained in SEMA Number 2/2023 which basically prohibits the court from granting requests for registration of inter-religious marriages," said Head of the Legal and Public Relations Bureau of the Supreme Court Sobandi as quoted by ANTARA, Tuesday, August 29.

SEMA Number 2/2023 was prepared by involving relevant stakeholders, namely the Indonesian Ulema Council (MUI), religious leaders, as well as leaders of Islam, Christianity, Catholicism, Hinduism, and Buddhism.

Sobandi said the involvement of stakeholders was to absorb aspirations while still following the provisions of Article 2 paragraph (1) and Article 8 letter f of Law Number 1 of 1974 concerning marriage.

This, he said, had been explained by the Chairman of the Chamber of Trustees of the Supreme Court, Takdir Rahmadi, in the technical and administrative development agenda for the leadership, judges, and justice officials at the appeal level and the first level in four judicial environments throughout Indonesia, in Banjarmasin, Monday (28/8).

Sobandi explained that the SEMA regarding marriage of different religions was also in line with the decision of the Constitutional Court Number 24/PUU-XX/2022 dated January 31, 2023.

"What is basically, in the legal consideration of the decision, stating the norms of Article 2 paragraphs (1) and paragraphs (2) and Article 8 letter f of Law Number 1/1974 concerning marriage do not conflict with the principle of guaranteeing the right to embrace religion and worship according to religion and belief," he said.

Then, it does not conflict with equality of position in law and government, the right to live and be free from discriminatory treatment, the right to form a family and continue descent.

It also does not conflict with the right to recognition, guarantee, protection and legal certainty, as well as equal treatment before the law.

Sobandi said the court's ban on granting applications for marriage registration of different religions did not violate human rights (HAM). This is because the implementation of human rights in Indonesia is different from secular countries.

"HAM in Indonesia still refers to Pancasila as the basic norm for the formation of a law whose first precept is God Almighty," he said.