Prohibition for Indonesian Judges to Grant Requests for Registration of Marriages Between People of Different Religions and Beliefs in Indonesia

The Indonesian Supreme Court issued a circular prohibiting judges from granting applications for the registration of marriages between people of different religions and beliefs. This Supreme Court Circular Letter (SEMA) Number 2 of 2023 is considered to have implications for the human rights of citizens to marry, whereas previously courts in Indonesia often granted this request and the last one was petition No. 155/Pdt.P/2023/PN.Jkt.Pst. So the authors formulate the problem to be studied, namely what is the legal consideration of the Central Jakarta District Court judge in granting the application for the registration of interfaith marriages with case number No. 155/Pdt.P/2023/PN.Jkt.Pst dated 12 June 2023? second, what are the legal implications related to SEMA No. 2 of 2023 which prohibits judges in Indonesia from granting any application for the registration of interfaith marriages? This research will be carried out using normative legal research methods and the results are 1) that the judge's legal considerations in Determination Number 155/Pdt.P/2023/PN.Jkt.Pst are very inhuman if the application for good faith marriage is rejected simply because there is no the law governing interfaith marriages, marriage despite being of different religions is a human right and sociologically in Indonesia it is reasonable, there is already a jurisprudence from the Indonesian Supreme Court which has granted a request regarding interfaith marriage permits to protect human rights interfaith marriages must be granted to be registered by the state. 2) SEMA No. 2 of 2023 has implications for “the denial and neglect of state institutions in the implementation of constitutional obligations and legal rights of citizens, as well as forms of discrimination by state institutions in the field of marriage.” “In addition, it has violated the principle of administering judicial power, namely the principle of not discriminating, and the obligation of judges to explore, follow, and understand legal values and a sense of justice that lives in society.”


Introduction 1.Background
Indonesia is a country that recognizes marriage as the right of its citizens, so that marriage is an act that is protected by laws and regulations as a basic right owned by every citizen. The 1945 Constitution of the Republic of Indonesia which reads: "Every person has the right to form a family and continue offspring through a legal marriage." Indonesia also followed up on the mandate of the Indonesia Constitution in a law that specifically regulates marriage, namely Law Number 1 of 1974 concerning Marriage ("Marriage Law"). Then a government regulation was also born in the following year, namely Government Regulation Number 9 of 1975 as the implementation of the Marriage Law.
The issuance of the Marriage Law and the Government Regulation on Marriage is the basis for legal arrangements concerning the need for marriage rights for its citizens in Indonesia. Of course there are still many imperfections in the marriage laws and regulations, but what needs to be appreciated is that the Marriage Law is still valid for 49 years. Of course this imperfect note needs to be corrected and this has been done in 2019, namely with the issuance of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage.
One of the phenomena that cannot be avoided by Indonesia as a plural country consisting of people who differ in terms of race, ethnicity, ethnicity, language, customs and religion is the desire to carry out marriages of different races, ethnicities and even more so is the difference in religion. In cases of interracial, ethnic marriages this is not often accepted by society, it's just that in cases of religious marriages it more often creates polemics as well as pros and cons from various groups in society.
Observing the provisions in Article 2 paragraph (1) of the Marriage Law states: "Marriage is valid if it is carried out according to the laws of each religion and belief." This means that marriage in Indonesia can be carried out as long as it is carried out according to the provisions or procedures for each existing religion and belief and its existence is recognized by the state. So that some are of the view that this provision does not allow interfaith marriages. However, on the one hand, what cannot be ruled out is the existence of human rights that have been recognized worldwide and Indonesia has stated its commitment as a country that upholds and respects human rights as evidenced by the issuance of Law Number 39 of 1999 concerning Human Rights ("Human Rights Law").
In the regulations contained in the Human Rights Law, specifically in Article 22, it is explained: "that everyone has their own religion and to worship according to that religion and belief." In reality, an interfaith marriage often becomes a paradox in the proposal for the right to embrace a religion in marriage. "On the other hand, couples who adhere to different religions will have problems uniting them into a legal marriage, so that one party needs to submit to the religion of the partner. In fact, reflecting on the provisions of laws and regulations it is clear that the state has guaranteed the freedom of every citizen to freely make choices including in terms of embracing religion." The polemic of interfaith marriages that often occurs has now surfaced again since there was a stipulation from the Central Jakarta District Court which granted the request for registration of a marriage carried out by a man named Joshua Evan Anthony who is Christian and a woman named Stefany Wulandari who is Muslim. Couples of interfaith marriages between Christian men and Muslim women were carried out according to Christian religious procedures and with the existence of a court ruling that granted interfaith marriages, a number of Indonesian religious and political figures criticized and asked the Supreme Court of the Republic of Indonesia to reject any application for registration of marriages different religion. The Central Jakarta District Court's determination was granted on June 12, 2023 by a single judge named Bintang Al.
That one month later, after the determination to grant interfaith marriages by the Central Jakarta District Court, the Supreme Court of the Republic of Indonesia on July 17, 2023 issued a Supreme Court Circular Letter Number 2 of 2023 (SEMA No. 3 of 2023) concerning "Instructions for Judges in adjudicating cases on requests for registration of marriages between people of different religions and beliefs" addressed to all judges at the district court and high judges at the high court to: "provide certainty and unity in the application of law in adjudicating applications for the registration of marriages between people of different religions and beliefs, the judges must be guided by the following provisions: first, a legal marriage is a marriage that is carried out according to the laws of each religion and belief, in accordance with Article 2 paragraph (1) and Article 8 letter f of the Marriage Law. Second, the court does not grant the request for registration of marriages between people of different religions and beliefs." The existence of this SEMA raises many questions from various circles, especially legal and human rights activists as well as legal academics where in fact the Supreme Court has issued jurisprudence supporting the establishment of interfaith marriages in Indonesia, namely "the Jurisprudence for Determination Number:

Purposes and Benefits
This study aims to determine and analyze the legal considerations of Central Jakarta District Court judges in granting the application for the registration of interfaith marriages with case number No. 155/Pdt.P/2023/PN.Jkt.Pst dated 12 June 2023 and legal implications related to SEMA No. 3 of 2023 which prohibits judges in Indonesia from granting any application for the registration of interfaith marriages.
With the achievement of the objectives of this research, at least it can provide benefits for legal students who are primarily interested in issues of marriage law and human rights and can provide benefits for legal and human rights academics to enrich literature and studies on interfaith marriages in Indonesia. It is hoped that this research will not be limited to legal students and academics from Indonesia, but for all people in various parts of the world.

Research Methods
A legal research can only be done by knowing what research methods will be applied to discuss a particular legal issue. Because this research focuses on the existence of a court ruling for applications for the registration of interfaith marriages and the existence of a circular letter prohibiting judges from granting requests for the registration of different religions in Indonesia, the authors determine the choice of legal research method is to use the normative legal research method with a case approach and a statutory approach. In various literature on legal research methods, the author likes the definition given by Peter Mahmud Marzuki which defines legal research as: "a process to find a rule of law, legal principles, or legal doctrines to answer the legal issues at hand." By using the normative research method with a case approach, the writer will collect legal materials such as the Decree of the Central Jakarta District Court Number 155/Pdt.P/2023 dated 12 June 2023 and legal materials that fit the statutory approach is to collect statutory regulations, promulgation as follows: Other related changing laws, as well as various other related jurisprudence; Apart from that, the writer will also use dictionaries and other books as support."

Results and Discussions 3.1. Judge's Legal Considerations in Determination Number 155/Pdt.P/2023/PN.Jkt.Pst
In the request for a court order by registering petition number 155/Pdt.P.2023/Jkt.Pst., the two Indonesian citizens, namely a man named Joshua Evan Anthony who is Christian and a woman named Stefany Wulandari who is Muslim, submitted their petition in writing before the court that both of them have married according to Christian religious procedures in the jurisdiction of Indonesia. It's just that when he wanted to register his marriage at the Office of the Population and Civil Registry Office of the City of Central Jakarta, he was refused. The Central Jakarta City Population and Civil Registry Office reasoned that both of them had to get a District Court Decree first because even though marriages were carried out in Indonesian territory with religious procedures that were officially recognized by the state, one of the two still had religious differences which was wrong one is Muslim.
Regarding the application for the registration of interfaith marriages, it turned out that on June 12, 2023 it was granted by the Central Jakarta District Court with a ruling which in essence: Stipulates: "First, partially grant the petition of the Petitioners; Second, granting permission to applicants to register interfaith marriages at the Central Jakarta City Population and Civil Registration Sub-agency Office." There are various legal considerations for judges who are tried by a single judge named Bintang Al, as follows: 1) The judge is of the opinion that it is very inhuman if the application for good faith marriage is rejected simply because there is no law governing interfaith marriages The judge is of the opinion that Article 2 paragraph (1) and paragraph (2) of the Marriage Law states: "that a marriage is valid if it has been carried out according to the legal procedures of his religion and belief and then recorded by the appointed agency based on the applicable laws and regulations", while in the Government Regulation on Marriage Article 10 paragraph (2) states "that the marriage law only applies to marriages between 2 people of the same religion." The judge has considered the evidence and witness statements that there are legal facts that Joshua Evan Antohny and Stefany Wulandari are both of the opposite sex, are adults and work so they can support the household life morally and materially, and both are married without coercion by anyone and voluntarily entering into a marriage of different religions before the Indonesian Bible Fellowship Church Pamulang on 2 April 2023 and taking into account the above legal facts, the Central Jakarta District Court is of the opinion: "that it is very inhumane if the petition of the Petitioners who have been showing good faith to enter into a marriage must be refused only on the grounds that there is no law/law governing interfaith marriages." 2) The judge is of the opinion that marriage even though different religions is a human right and is sociologically normal The judge considered the provisions of Article 10 paragraph (1) of the Human Rights Law which states: "that everyone has the right to form a family and continue offspring through legal marriage and of free will;" and argues that: "objectively sociologically, interreligious marriage is reasonable and very likely to occur given Indonesia's geographical location, the heterogeneity of the Indonesian population and the various religions that are legally recognized as existing in Indonesia, it is very ironic that interfaith marriages in Indonesia are not allowed because they are not regulated. in a law."; 3) The judge considered the Supreme Court Jurisprudence Number 1400 K/Pdt/1986 dated January 20, 1989 which granted the cassation request regarding interfaith marriage permits; 4) The judge considers that for the protection of human rights interfaith marriages must be granted to be registered by the state The judge in his considerations considered: "that on the basis of protecting human rights to cover up legal human rights and the basic considerations for the formation of the Supreme Court which is aimed at guaranteeing equality of citizens in the law requires efforts to uphold order, justice, truth, and legal certainty should be able to provide protection to the community." The Indonesian Women's National Commission in a Press Release Responding to this SEMA stated : "This SEMA is a form of denial and neglect of state institutions in the implementation of constitutional obligations and legal rights of citizens, as well as a form of discrimination by state institutions in the field of marriage. Arrangements not to grant requests for registration of marriages of religious people as well as denial of the principle of administering judicial power as stipulated in Article 4 of Law Number 48 of 2009 concerning Judicial Power include the principle of not discriminating against, overcoming all obstacles and obstacles in order to achieve a simple trial, obligations judges explore, follow, and understand legal values and a sense of justice that lives in society." The Indonesian Supreme Court as a judicial institution should be able to protect the rights of citizens to form a family and continue offspring through legal marriage as regulated by Indonesian law and the form of realization or from "everyone has the right" and the act of "forming a family" and the act of "forming a family" is "the free will of citizens as holders of basic rights which basically fall into the realm of private or civil law. Therefore, the presence of state law in the process of "forming a family" is complementary and in a position to act passively to respect the civil rights of citizenship. In addition, interfaith marriages are also related to the basic right to freedom of religion guaranteed by the Indonesia Constitution." That the author is of the opinion that the judge's legal considerations in the Determination Number 155/Pdt.P/2023/PN.Jkt.Pst granting the application for the registration of interfaith marriages in Indonesia are very inhuman if the application for good faith marriage is rejected simply on the grounds that there is no law governing interfaith marriage, marriage despite being of different religions is a basic right and sociologically in Indonesia it is normal, there is already the Jurisprudence of the Indonesian Supreme Court which granted an application regarding interfaith marriage permits protection of human rights interfaith marriages must be granted to be registered by the state is a legal consideration that best in fulfilling a sense of justice, certainty and the benefit of the law for citizens.

Conclusions
1) The judge's legal considerations in the Determination Number 155/Pdt.P/2023/PN.Jkt.Pst which granted the application for the registration of interfaith marriages in Indonesia is very inhuman if the application for good faith marriage is rejected simply because there is no law governing different marriages religion, marriage despite being of different religions is a human right and sociologically in Indonesia it is normal, there is already the Jurisprudence of the Indonesian Supreme Court which granted the application for permission to interfaith marriages to protect human rights interfaith marriages must be granted to be registered by the state. 2) "This SEMA No. 2 of 2023 has implications for the denial and neglect of state institutions in the implementation of constitutional obligations and legal rights of citizens, as well as forms of discrimination by state institutions in the field of marriage. "In addition, it has violated the principle of administering judicial power, namely the principle of not discriminating, overcoming all obstacles and obstacles to achieve a simple trial, the obligation of judges to explore, follow, and understand legal values and a sense of justice that lives in society."