The Implications of Supreme Court Circular Letter No. 2 of 2023 on the Principle of Judicial Independence and Legal Certainty in Interfaith Marriages

Abstract

This study examines the implications of Supreme Court Circular Letter No. 2 of 2023 for legal certainty and judicial independence in cases involving the registration of inter‑faith marriages in Indonesia. The country’s rich diversity of ethnicities, cultures, and religions creates considerable complexity in regulating marriage—particularly where it appears to conflict with Article 2(1) of the Marriage Act, which requires conformity with the parties’ respective religious laws. That provision often obstructs legal recognition of inter‑faith marriages, even though Article 28B(1) of the 1945 Constitution guarantees the freedom to form a family. Supreme Court Circular Letter No. 2 of 2023 seeks to standardise judicial practice by prohibiting the registration of such marriages, yet it generates tension with human‑rights principles and the Population Administration Act, which leaves room for registration via a court ruling. Employing a normative juridical approach, this research explores the disharmony among these regulations and their impact on legal certainty. The findings indicate that the Circular Letter provides administrative clarity but simultaneously restricts judicial independence, as reflected in disciplinary action against judges in Court Order No. 423/Pdt.P/2023/PN Jkt.Utr. The tension between legal certainty and judicial independence highlights the ongoing challenge of balancing religious norms, individual freedoms, and social cohesion within a plural society. The study recommends more inclusive regulatory frameworks that accommodate social dynamics without compromising the rule‑of‑law principle.