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All Journal Jurnal Akta Jurnal Bedah Hukum Asian Journal of Social and Humanities
Wiedhar Saputri, Ananda Megha
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Decision Sciences, Operations Research & Management Earth & Planetary Sciences Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Journal : Jurnal Akta

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Interfaith Marriage Registration: A Philosophical and Sociological Legal Review Karunia, Cindy Armelia; Sutarni, Nanik; Wiedhar Saputri, Ananda Megha
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.49060

Abstract

This research aims to analyze the legal implications of a recent judicial policy concerning the registration of interfaith marriages from philosophical and sociological perspectives. The issue of interfaith marriage is among the most complex legal debates, as it intersects with positive law, religious norms, and human rights principles. The issuance of a judicial circular restricting the granting of interfaith marriage registration applications has generated significant controversy and raised questions regarding legal certainty, justice, and social effectiveness. The research method employed was normative legal research  utilizing statutory, conceptual, and case approaches. The statutory approach examined relevant legislation on marriage and population administration; the conceptual approach explored theories of legal certainty, justice, and legal utility; and the case approach analyzed judicial practices concerning interfaith marriage registration. The novelty  of this research lies in its integrated philosophical and sociological legal analysis of judicial policy, not merely assessing its juridical validity but also examining its broader social implications for civil rights protection and population administration. This research provides a multidimensional evaluation that connects normative conflicts with empirical societal realities. Based on the research, it concluded that the judicial policy is juridically problematic due to its inconsistency with higher-level legislation still in force. Philosophically, it reflects an overemphasis on formal legal certainty at the expense of justice and legal utility. Sociologically, it has proven ineffective in preventing interfaith marriages and may generate new administrative and civil rights complications. Therefore, comprehensive statutory regulation is required to ensure legal clarity, justice, and social protection.
Co-Authors Ahmad Muhamad Mustain Nasoha Budi Raharjo, Sri Karunia, Cindy Armelia pranawa, burham Sholikah, Dwi Imroatus Sutarni, Nanik