ANALISIS YURIDIS AKIBAT HUKUM PENCATATAN PERKAWINAN BEDA GEREJA PASCA SEMA NOMOR 2 TAHUN 2023

Abstract

This study examines the legal consequences of interchurch marriage registration between Catholics and Protestants after the issuance of Supreme Court Circular Letter Number 2 of 2023. The issue is important because Indonesian marriage law does not explicitly regulate interchurch marriage, resulting in legal uncertainty regarding marriage registration and recognition by the state. The urgency of this study lies in the need to provide legal clarity concerning the position of interchurch marriages within the Indonesian legal system and Canon Law. This research uses normative legal research methods through statutory and case approaches. The legal materials analyzed include Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2006 concerning Population Administration, the Code of Canon Law, Supreme Court Circular Letter Number 2 of 2023, and Determination Number 423/Pdt.P/2023/PN Jkt.Utr. The results show that judges still possess interpretative authority in assessing the legality of interchurch marriages based on religious law and constitutional rights protection. In Canon Law, interchurch marriage is permissible through ecclesiastical permission and dispensation. The court determination consequently provides administrative recognition, legal certainty, and civil rights protection for spouses and children born from the marriage.

Keyword: Interchurch Marriage, Marriage Registration, Legal Consequences, Canon Law, Supreme Court Circular Letter Number 2 of 2023.