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All Journal Al-battar: Jurnal Pamungkas Hukum An-nisa: Journal of Islamic Family Law
Lajaunie, Claire
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Religion Law, Crime, Criminology & Criminal Justice Other

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Legal Certainty of Interfaith Marriage After SEMA No. 02 of 2023 Maqasid Sharia Perspective Rusliansyah, Shabrina; Melayu, Hasnul Arifin; Amri, Aulil; Lajaunie, Claire; Benali, Fatima Zohra
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.303

Abstract

Interfaith marriage in Indonesia has long been a controversial legal issue, particularly following the issuance of Supreme Court Circular Letter (SEMA) No. 02 of 2023, which explicitly prohibits the registration of marriages between individuals of different religions. This policy has raised significant concerns regarding legal certainty and its alignment with substantive justice, especially when examined through the lens of Maqasid al-Sharia. This study aims to analyze the extent of legal certainty governing interfaith marriage under Indonesia’s positive law framework and to assess its conformity with the objectives of Islamic law. Employing a normative juridical method, this research utilizes statutory, conceptual, and doctrinal approaches, drawing upon legislation, Islamic legal doctrines, and relevant academic literature. The findings reveal that, under positive law, interfaith marriage lacks formal legal validity as it contravenes Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage, a position further reinforced by SEMA No. 02 of 2023 as a binding judicial guideline. From the perspective of Maqasid al-Sharia, the prohibition is consistent with the protection of the five essential objectives of Islamic law (al-daruriyyat al-khams), particularly the preservation of religion (hifz al-din) and lineage (hifz al-nasl). Nevertheless, this study also identifies inconsistencies in the implementation of SEMA No. 02 of 2023 at the practical level, which may undermine legal certainty and result in unequal legal treatment. Therefore, this research recommends the strengthening of legal harmonization through clearer statutory regulation, enhanced inter-institutional coordination, and improved guidance for law enforcement and civil registration authorities to ensure consistent application in accordance with the principles of legal certainty, justice, and social welfare.
Analysis of Law Number 23 of 2004 Concerning The Eliminator of Domestic Violence In Indonesia Sahrudi, Ahmat; Asari, Abdul Parid; Anwar, Syahrul; Lajaunie, Claire; Nasir, Naimah Mohamad
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.443

Abstract

The phenomenon of domestic violence (KDRT) in Indonesia is a serious problem that is not only in the private sphere, but also reflects human rights violations and criminal acts. This study aims to analyze the position, substance, and implementation of Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT Law) in the national legal system. The method used is normative juridical research with legislative, conceptual, and court decision analysis approaches as the main study material. The results of the study show that the PKDRT Law has a strategic role in expanding the definition of domestic violence, including physical, psychological, sexual, and neglectful violence. In addition, this law provides comprehensive victim protection instruments, such as protection orders, legal assistance, and recovery services. Analysis of court decisions indicates that judges have consistently used the PKDRT Law as a basis for legal considerations, although there are variations in the juridical and sociological approaches used in deciding cases. However, the implementation of the PKDRT Law still faces various challenges, such as a strong patriarchal culture, social stigma against victims, and limited access to legal services and protection. Therefore, it is necessary to strengthen synergy between law enforcement agencies, increase public awareness, and optimize victim protection services to ensure the effectiveness of the implementation of the PKDRT Law in ensuring justice and protection for victims of domestic violence.
Co-Authors Amri, Aulil Asari, Abdul Parid Benali, Fatima Zohra Hasnul Arifin Melayu Nasir, Naimah Mohamad Rusliansyah, Shabrina Sahrudi, Ahmat