Interfaith Marriage Before and After the Issuance of Supreme Court Circular Letter Number 2 of 2023 in Indonesia

Abstract

A marriage is considered valid if conducted according to the respective laws and beliefs (Article 2 paragraph 1), and marriages must be registered according to the applicable laws (Article 2 paragraph 2) of Law Number 1 of 1974, which has been amended by Law Number 16 of 2019 concerning Marriage. Law Number 1 of 1974 does not recognize interfaith marriages but only recognizes mixed marriages, which are marriages between citizens of different nationalities, one of whom is an Indonesian citizen. The applicable religious laws in Indonesia allow marriages to be conducted within one religion, with exceptions for interfaith marriages under specified conditions. However, interfaith marriages are found in society. The issue is how interfaith marriages were conducted before and after the issuance of Supreme Court Circular Letter Number 2 of 2023, which is in effect in Indonesia. Research findings show that before the issuance of SCCL Number 2 of 2023, the Indonesian marriage law prohibited interfaith marriages, and requests for marriage registration could be made through the District Court. After the issuance of SCCL Number 2 of 2023, interfaith marriages remain prohibited, and requests for interfaith marriages cannot be submitted to the District Court anymore. Consequently, interfaith marriages can no longer be registered.