KEABSAHAN PERKAWINAN BEDA AGAMA PASCA TERBITNYA PUTUSAN MAHKAMAH KONSTITUSI TENTANG PERKAWINAN BEDA AGAMA

Abstract

Marriage is a sacred bond between two people, namely a man and a woman, to form a household. In Indonesia there are six recognized religions, namely Islam, Protestant Christianity, Catholic Christianity, Hinduism, Buddhism and Confucianism. These considerable religious differences give rise to social relations between individuals. It is not uncommon for these social relationships to end in interfaith marriages. Couple who enter into interfaith marriages must still register their marriage in order to obtain legal recognition and have their children's status recognized in the eyes of the law. However, after the publication of SEMA Number 2 of 2023, which is in line with the decisions of the Constitutional Court (MK) and the Indonesian Ulema Council (MUI), it prohibits courts throughout Indonesia from granting marriages between different religions. So, what is the validity of interfaith marriages and the status of children born from interfaith marriages? This research uses normative research methods with a statutory approach and a conceptual approach to examine the validity of interfaith marriages after the publication of SEMA Number 2 of 2023. The results of this research show that interfaith marriages that have been registered at the Civil Registry Office before the publication of SEMA Number 2 of 2023 and the Constitutional Court (MK) Decision on Interreligious Marriages in July 2023 have the status of a valid marriage in the eyes of the law along with all the legal consequences. Meanwhile, the status of children born from interfaith marriages follows the marital status of their parents. If the marital status of an interfaith couple has been registered and is valid in the eyes of the law, then the status of children born from an interfaith marriage is a legitimate child and the child has rights and obligations in the eyes of the law. However, if a couple in an interfaith marriage cannot register their marriage status at the Civil Registry Office, then the status of the child born from that marriage is illegitimate or an illegitimate child.