Article Per Year (5 Year)
p-Index From 2020 - 2025
0.23
P-Index
This Author published in this journals
All Journal Al Ahkam
Windiantina, Wiwin W.
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

 1 
Prevention of Registration of Interfaith Marriages Through Sema Number 2 of 2023 Fahmi, Irfan; Windiantina, Wiwin W.
Al Ahkam Vol. 20 No. 1 (2024): Januari-Juni 2024
Publisher : Fakultas Syariah UIN Sultan Maulana Hasanuddin Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37035/ajh.v20i1.11035

Abstract

Interfaith marriage in Indonesia is still controversial even though Law No. 1/1974 on Marriage explicitly states that marriage must be carried out by the laws of each religion and belief. In practice, cases of interfaith marriage still often occur in the community. Meanwhile, human rights and pluralism activists argue that everyone has the right to form a family, including through interfaith marriage, so the state should not prohibit it. This controversy was reignited when several District Courts granted applications to register interfaith marriages in 2022-2023. In response, the Supreme Court (MA) issued Supreme Court Circular Letter (SEMA) Number 2 of 2023 which essentially prohibits courts throughout Indonesia from granting registration of interfaith marriages. This policy has been appreciated by conservative religious circles, but regretted by human rights activists. They believe that the SEMA has the potential to violate the freedom of religion and family guaranteed by the Constitution. This study aims to analyze SEMA No.2/2023 in managing requests for registration of interfaith marriages The study aims to offer insights into the Supreme Court's policy and the challenges encountered by courts, providing constructive suggestions for future interfaith marriage policies.
Co-Authors Irfan Fahmi, Irfan