Perlindungan Hak Konstitusional Warga Negara dalam Perkawinan Beda Agama : Analis Sema Nomor 2 Tahun 2023

Abstract

Interfaith marriage has become a controversial topic in family law in Indonesia. Its existence presents complex challenges related to the protection of citizens' constitutional rights. In 2023, the Indonesian Supreme Court (MA) issued Circular Letter of the Supreme Court of the Republic of Indonesia Number 2 of 2023 (SEMA 2/2023) which highlights the resolution of interfaith marriage disputes. This research aims to analyze the implications of SEMA 2/2023 for the protection of the constitutional rights of citizens involved in interfaith marriages. The research method used is legal document analysis with a normative approach. The results of the analysis show that SEMA 2/2023 provides guidance for judges in handling cases of interfaith marriages by considering aspects of citizens' constitutional rights. Nevertheless, there is still a need for further evaluation of the implementation of SEMA 2/2023 in ensuring effective protection of citizens' constitutional rights in the context of interfaith marriages. It is hoped that this study can contribute to further understanding of the protection of constitutional rights in the context of interfaith marriages and identify challenges and potential improvements in legal practice.