Journal of Law and Legal Reform
Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice

Urgency Supreme Court Circular Letter Number 2 of 2023 in the Judicial Process of Interfaith Marriage Registration

Zainal Arifin (Faculty of Law, Universitas Islam Kadiri)
Naufal Ghani Bayhaqi (Faculty of Law, Universitas Islam Kadiri)
David Pradhan (School of International Studies, Jawaharlal Nehru University)



Article Info

Publish Date
31 Jan 2024

Abstract

The Supreme Court of the Republic of Indonesia has issued Circular Letter Number 2 of 2023, stipulating that courts are not permitted to approve requests for the registration of interfaith marriages. However, it is crucial to highlight the principle that Indonesian judges must exercise their duties independently, devoid of external interference. Judges are expected to uphold qualities of independence, impartiality, fairness, and responsibility, refraining from influencing the provision of material to litigants to prevent moral distortion. This article aims to elucidate the role of the aforementioned circular letter concerning the judge's independence within the judicial process in Indonesia. The research methodology employed involves normative legal methods, coupled with a structured analysis of legal norms and principles. The findings of the research underscore two key points. Firstly, the urgency of regulating the determination of marriages involving different religions and beliefs in the judicial process is rooted in the objective of aligning court resolutions with the philosophical underpinnings of the Indonesian nation. Secondly, it is emphasized that the Circular Letter in question does not hold binding authority for judges in the adjudication of cases, particularly those involving interfaith marriages. The autonomy of judicial power, as enshrined in the 1945 Constitution of the Republic of Indonesia and further detailed in Law Number 48 of 2009 concerning Judicial Power, affords judges the freedom to independently decide on cases brought before them. This regulatory framework underscores the imperative of preserving the unfettered discretion of judges in their adjudicative functions.

Copyrights © 2024






Journal Info

Abbrev

jllr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal seeks to disseminate information and views on matters relating to law reform, including developments in case and statute law, as well as proposals for law reform, be they from formal law reform bodies or from other institutions or ...