The Legal and Human Rights Challenges of Interfaith Marriage in Indonesia

Abstract

Objective: This research aims to analyze the legal rules on interfaith marriage in Indonesia in relation to human rights, and whether there are any aspects of human rights violations or conflicts arising from the absolute prohibition of interfaith marriage without exception, as clarified by the Supreme Court Circular (SEMA) No. 2 of 2023, which provides a more detailed interpretation of the rules in the Marriage Act No. 1 of 1974 and the Compilation of Islamic Law (KHI) No. 1 of 1991. Theoretical Framework: The right to freedom of religion and the right to form a family are integral aspects of human rights and also Islamic teachings. The absolute prohibition of interfaith marriage by the Supreme Court Circular (SEMA) No. 2 of 2023 is considered by some religious followers to be in conflict, thus encountering resistance from a segment of society. The theories of the Universal Declaration of Human Rights (UDHR), pluralism of applicable legal rules, and differences in the understanding of religious figures themselves are utilized as foundational theories to examine challenges to the implementation of law and the UDHR in Indonesia, determining whether these legal rules still leave room for conflicts. Method: The study employs a normative legal research methodology. Data is acquired through an extensive review of relevant legal frameworks, doctrines, and pertinent literature. The acquired data is then subject to qualitative analysis techniques for thorough examination and interpretation, ensuring a comprehensive understanding of the subject matter. Results: The findings of the study indicate that the legal rules on interfaith marriage in Indonesia have the potential to cause several aspects of human rights violations or conflicts, especially the right to freedom of religion and the right to form a family. This is because these rules restrict the individual's freedom to choose a religion and form a family with someone of a different religion without exception. The absolute prohibition of interfaith marriage, as upheld by SEMA No. 2 of 2023, further exacerbates these concerns by creating a legal vacuum that leaves interfaith couples without legal recognition and protection. Conclusion: One of the primary functions of law and regulations is to safeguard society, protect their rights, and regulate human activities fairly to achieve harmony and prosperity in the life of the nation and state. However, this objective will not be achieved if the legal rules in place still leave injustice and a lack of protection for the fulfillment of citizens' fundamental rights. Therefore, further regulation is needed to find solutions to overcome this problem. The adoption of a more nuanced approach to interfaith marriage, one that respects individual rights and accommodates religious diversity, would be a significant step towards ensuring human rights protection in Indonesia. For instance, providing dispensation for Muslim men to marry non-Muslim women (Christian or Jewish) if they are deeply in love, approved by both families due to their belief in living harmoniously and peacefully. There is concern that the intense love shared between them might lead to one of them taking their own life if separated, or due to the difficulty of finding a Muslim woman in non-Muslim-majority countries when the man is studying abroad, among other reason.