KEDUDUKAN PENETAPAN PENGADILAN TERHADAP PERNIKAHAN BEDA AGAMA DI INDONESIA

This research discusses the position of the court decision on interfaith marriage after the issuance of Circular Letter of the Supreme Court (SEMA) Number 2 of 2023. In addition, this research also examines how the registration of interfaith marriages, such as in Decision 423/Pdt.P/Jkt.Utr, can still be carried out even though SEMA has prohibited it. The research method used is qualitative with a juridical normative approach, using primary and secondary data sources that are relevant. The results of the study show that SEMA Number 2 of 2023 is an internal regulation of the Supreme Court and does not have legal force equivalent to a Law. This SEMA functions as a guideline for judges in handling cases of requests for registration of interfaith marriages. Although not as strong as a Law, SEMA still has legal value and a significant influence in judicial practice in Indonesia. The establishment of SEMA No. 2 of 2023 aims to create legal certainty. However, this regulation is considered not optimal because it does not meet all aspects of the principle of legal certainty. Case Decision 423/Pdt.P/Jkt.Utr shows that judges, in certain conditions, still have the authority to grant requests for registration of interfaith marriages, even though SEMA Number 2 of 2023 has prohibited it. Thus, the conclusion is that the position of the court decision on interfaith marriage after SEMA Number 2 of 2023 is still unclear and controversial. Legal clarity from the Supreme Court or a change in the law is needed to resolve this issue permanently.