DISHARMONY OF THE LEGAL NORM OF INTERRELIGIOUS MARRIAGE; ANALYSIS OF PANCASILA NORMS, LAW NUMBER 1 OF 1974 AND LAW NUMBER 23 OF 2006

Abstract


 
 
 In Indonesia in the past three decades, interfaith marriages have increased. This kind of practice occurred in the lower classes of society, among artists and even by officials in the State Palace circle. Many have also received legitimacy from several District Courts. Legitimacy is given based on legal norms listed in the Elucidation of Article 35 letter a Law no. 23 of 2006 concerning Population Administration. Even though the legal norms of Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage prohibits interfaith marriages. This shows that there is disharmony in legal norms where marriage norms must be in line with Pancasila norms as a grundnorm. To end this disharmony of norms, the Supreme Court issued SEMA No. 2 of 2023 to prohibit Court Judges from legalizing interfaith marriages. Researchers try to conduct research with the aim of unraveling why the disharmony of the norms of the two laws occurs and whether SEMA No. 2 of 2023 is the final solution to resolve the disharmony of interfaith marriage norms in the two laws. To answer this, the researcher uses a normative juridical research method with the statue approach and conceptual approach models related to existing legislation. From the results of the study it was concluded that 1. Norms of Article 35 letter a in Law no. 23 of 2006 has been deemed to be a lex specialist by district court judges so as to allow interfaith marriage even though it threatens the Pancasila norm as the highest grundnorm norm. 2. SEMA No. 2 of 2023 is a special beleid regulation for judges so as not to legitimize interfaith marriages, not to revise conflicts of law norms. then the solution is to harmonize the norms of the two laws through the constitutional review or judicial review path so that they are in line with Pancasila norms.