PENDAPAT HAKIM PASCA SURAT EDARAN MAHKAMAH AGUNG NO 2 TAHUN 2023 TENTANG PELARANGAN PENCATATAN PERKAWINAN BEDA AGAMA DI PENGADILAN NEGERI YOGYAKARTA

Arina Inayatun Halisa, NIM.: 20103040073 (2023) PENDAPAT HAKIM PASCA SURAT EDARAN MAHKAMAH AGUNG NO 2 TAHUN 2023 TENTANG PELARANGAN PENCATATAN PERKAWINAN BEDA AGAMA DI PENGADILAN NEGERI YOGYAKARTA. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In 2023 the Supreme Court issued Circular No. 2 of 2023. This SEMA was issued because of the large number of permits for the registration of interfaith marriages by the courts, even though there was already a prohibition in the previous regulation, namely SEMA No. 231 of 2019. However, on the other hand, SEMA No. 2 of 2023 also has substantially the same content as the 2019 SEMA which discusses interfaith marriages. If, SEMA No. 231 has no effect, then the question is what impact will SEMA 2023 have on interfaith marriages? Seeing this, there is a need for legal certainty regarding this issue. This research is field research. The author uses a normative and empirical approach. An empirical approach was used to collect data by conducting interviews with judges. Then the data sources used are primary data taken from judge interviews, secondary data from statutory regulations and tertiary data. Looking at the explanation above, it can be concluded that the judges at the Yogyakarta District Court have the same opinion. This opinion states that interfaith marriages are a legal event for which applications for permits will not be granted either with the existence of SEMA No. 2 in 2023 or not. This is because they follow the essence of existing laws which state that marriage must be in accordance with the teachings of each religion. However, judges can still use legal discovery methods in deciding a case regarding an application for registration of an interfaith marriage. However, this opinion appears to be inconsistent with the Marriage Law, this is because in several decisions and opinions the judge himself also grants permission on condition of submission from one of the parties which clearly contradicts the contents of the Marriage Law.

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