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All Journal Lex Journal : Kajian Hukum dan Keadilan
Darryl Evan Brouwer
Faculty of Law, Universitas Airlangga, Indonesia
Law, Crime, Criminology & Criminal Justice

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Prohibition of Interfaith Marriage Registration: A Critique of Judicial Policy Darryl Evan Brouwer; Muhammad Akrom Ramadhan; Ananda Lestari
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): In Progress
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.11580

Abstract

In 2023, the Supreme Court enacted the Supreme Court Circular Letter Number 2 of 2023 on Guidelines for Judges in Adjudicating Cases of Marriage Registration Requests between People of Different Religions and Beliefs (SEMA 2/2023). The SEMA 2/2023 prohibits judges from granting applications for the registration of interfaith marriages between individuals of different religions and beliefs. This judicial policy does not cohere with the reality that some religions in Indonesia do not strictly prohibit interfaith marriage. Thus, such judicial policy unjustifiably infringes on the human rights of the citizens. This research is conducted to analyze the inconsistency of the SEMA 2/2023 with the Marriage Law, the reality of religious diversity in Indonesia, and the human rights principle. This research is conducted as normative legal research using the statutory and conceptual approach. The finding of this research is that the SEMA 2/2023 is in line with the Marriage Law, the reality of religious diversity in Indonesia, and the human rights principle. Thus, the judge shall not enforce the SEMA 2/2023.
Decriminalization of Blasphemy in National Criminal Law: A Theoretical Reflection Darryl Evan Brouwer; Timothy Anggapermana Lande; Beatrice Briliany Immanuel
Lex Journal: Kajian Hukum & Keadilan Vol 10 No 2 (2026): In Progress
Publisher : Faculty of Law, University of Dr. Soetomo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25139/lex.v10i2.11581

Abstract

Criminal law aims to suppress crime. As part of a social defense policy, crime suppression policy is directed at protecting the public. In this case, the authorities use criminal law as a social control instrument. However, this social control is limited by the human rights of individual citizens because the state must protect the human rights of individual citizens. Thus, the formulation of criminal law shall not be ambiguous and have multiple interpretations, thereby depriving citizens of their rights and freedom of religion. In the National Criminal Code, the crime of blasphemy has been decriminalized. This study analyzes whether the politics of decriminalization of the criminal act of blasphemy in the National Criminal Code from a legal theory and legal philosophy aspect is appropriate. As legal research, the normative methodology has been used in this article. This research concludes that the politics of decriminalization of the criminal act of blasphemy in the National Criminal Code and Penal Administration Law has its legitimation from the legal theoretical and legal philosophical aspects.
Co-Authors Ananda Lestari Beatrice Briliany Immanuel Muhammad Akrom Ramadhan Timothy Anggapermana Lande