THE CONFLICT OF INTERFAITH MARRIAGE NORMS IN INDONESIA BETWEEN LEGAL CERTAINTY AND RESTRICTIONS ON CONSTITUTIONAL RIGHTS

Septina Rahmi Kinasih (Bhayangkara University of Greater Jakarta, Jakarta, Indonesia)
Noviriska (Bhayangkara University of Greater Jakarta, Jakarta, Indonesia)

Journal Indonesia Law and Policy Review (JILPR)
Vol. 7 No. 3 (2026): Journal Indonesia Law and Policy Review (JILPR), June 2026

Interfaith marriage in Indonesia represents a complex legal issue situated at the intersection of religious norms, state law, and human rights. This study aims to analyze the normative conflict between Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage and Supreme Court Circular Letter No. 2 of 2023, as well as its implications for constitutional rights. Using a normative juridical method, the study finds that the Constitutional Court consistently upholds a religious-centric approach, while SEMA No. 2/2023 strengthens legal certainty in judicial practice. However, both instruments raise concerns regarding limitations on citizens' rights. Therefore, legal harmonization is necessary to balance legal certainty and constitutional protection.