Marchella Zahra Afiffah
Universitas Islam Negeri Maulana Malik Ibrahim

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Disharmoni Hukum Pencatatan Perkawinan dan Isbat Cerai dalam Sistem Hukum Nasional Marchella Zahra Afiffah; Abd. Rouf
Al Fuadiy Jurnal Hukum Keluarga Islam Vol. 8 No. 1 (2026): January-June, Al Fuadiy : Journal of Islamic Family Law
Publisher : LP3M INSTITUT KH YAZID KARIMULLAH

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/bsyh5525

Abstract

This study examines the legal disharmony between Law Number 1 of 1974 concerning Marriage and Supreme Court Circular Letter (SEMA) Number 7 of 2012 regarding the practice of recognizing divorces in Religious Courts. The Marriage Law treats registration as an administrative element determining the legality of marriage and divorce, whereas SEMA No. 7 of 2012 allows for the simultaneous filing of petitions to recognize both the marriage and the divorce for marriages that were not registered with the Office of Religious Affairs (KUA). This research aims to analyze the nature of this normative disharmony and the legal implications of applying the SEMA with respect to the principles of legality and legal certainty. A normative legal research method was employed, utilizing a statutory approach and interpretive content analysis. Data were gathered through literature reviews, examination of legislation, and analysis of court rulings concerning divorce recognition. The findings indicate that SEMA No. 7 of 2012 contains substantive norms that exceed its administrative function, resulting in a normative overlap with the Marriage Law and a potential conflict with the hierarchy of laws and regulations as stipulated in Law Number 12 of 2011. While its application facilitates access to justice for individuals in unregistered marriages, the practice simultaneously creates legal complications and issues regarding the parties' legal legitimacy. Therefore, this study emphasizes the need to confine the scope of SEMA No. 7 of 2012 to the administrative domain of the judiciary avoiding the creation of new substantive norms to ensure regulatory harmonization that aligns with the principles of legality, legal certainty, and orderly state administration within Indonesian marriage law.