On Saturday (27/12/2025), Prof. Dr. Hartini, S.H., M.Si., a lecturer at the Department of Islamic Law, Faculty of Law, Universitas Gadjah Mada (FH UGM), served as a speaker in the 2025 Year-End Islamic Law Colloquium Webinarentitled “The True Solution for the Nation: Towards Baldatun Thayyibatun wa Rabbun Ghafur.” The webinar was organized by the Indonesian Association of Islamic Law Lecturers (ADHII) in collaboration with the Institute for Islamic and Islamic Law Studies, Faculty of Law, Universitas Indonesia (LKIHI FH UI). Conducted virtually, the event brought together twelve Professors of Islamic Law from universities across Indonesia, ranging from Aceh to Maluku.
The colloquium was divided into two sessions. The first session featured six speakers: Prof. Dr. Arfin Hamid, S.H., M.H. (Hasanuddin University), Prof. Dr. Yaswirman, M.A. (Andalas University), Prof. Dr. Zainuddin, S.Ag., S.H., M.H. (Muslim University of Indonesia), Prof. Dr. Hartini, S.H., M.Si. (Universitas Gadjah Mada), Prof. Dr. Nur Mohamad Kasim, S.Ag., M.H. (University of Gorontalo), and Prof. Dr. Barzah Latupono, S.H., M.H. (Pattimura University).
The second session also featured six distinguished speakers: Prof. Dr. La Ode Angga, S.Ag., S.H., M.Hum. (Pattimura University), Prof. Burhanuddin Harahap, S.H., M.H., Ph.D. (Sebelas Maret University), Prof. Ro’fah Setyowati, S.H., M.H., Ph.D. (Diponegoro University), Prof. Dr. Azhari Yahya, S.H., M.CL., M.A. (Syiah Kuala University), Prof. Dr. Neni Sri Imaniyati, S.H., M.Hum. (Bandung Islamic University), and Prof. Heru Susetyo, S.H., AP., LL.M., M.Si., M.Ag., Ph.D. (Universitas Indonesia).
(Universitas Indonesia). On this occasion, Prof. Hartini presented a paper entitled “Normative Differences between the Supreme Court’s 2020 Landmark Decision and Supreme Court Circular Letter (SEMA) No. 3 of 2018 Concerning the Judicial Confirmation of Unregistered Polygamous Marriages.” The presentation served as a dissemination of research she conducted in 2025. The study was inspired by an important legal norm contained in SEMA No. 3 of 2018, which seeks to restrict the practice of unregistered polygamous marriages (poligami siri). Prof. Hartini explained that SEMA No. 3 of 2018 establishes two key legal principles. First, applications for the judicial confirmation (isbat nikah) of unregistered polygamous marriages, even when submitted for the benefit of a child, must be declared inadmissible (niet ontvankelijke verklaard or N.O.) by the Religious Court. Second, in order to safeguard the interests of children, applicants may instead file a petition for the determination of a child’s lineage (asal-usul anak) before the court. However, developments in judicial practice took a different direction in 2020 when the Supreme Court issued Decision No. 223 K/Ag/2020, later designated as a Landmark Decision of 2020. According to Prof. Hartini, the legal reasoning in this decision appears to contradict SEMA No. 3 of 2018, potentially weakening legal certainty and legal protection for valid marriages while undermining efforts to limit the practice of unregistered polygamous marriages.
Prof. Hartini concluded her presentation with several observations and recommendations. First, from a theoretical perspective, a landmark decision carries greater significance than ordinary jurisprudence because it has the capacity to reshape the textual interpretation of positive law and establish legal principles that influence future legal developments. Nevertheless, in Indonesia, landmark decisions issued by the Supreme Court are generally selected from Supreme Court judgments that are subsequently intended to become jurisprudence. Therefore, she argued that the current process of selecting and classifying decisions as landmark decisions should be reassessed, as several theoretical inconsistencies remain.
Second, she noted that there appears to be a normative contradiction between SEMA No. 3 of 2018 and the 2020 Landmark Decision. While the SEMA effectively closes the door to applications for the judicial confirmation of unregistered polygamous marriages by targeting procedural requirements and requiring such applications to be declared inadmissible (niet ontvankelijke verklaard), the 2020 Landmark Decision opens the possibility for such applications to be granted where the husband has already divorced his lawful wife from the previous registered marriage.
Third, Prof. Hartini recommended that future cases concerning the judicial confirmation of unregistered polygamous marriages should continue to adhere to SEMA No. 3 of 2018, while allowing limited judicial discretion to refer to the 2020 Landmark Decision under strict conditions. Such discretion should only be exercised where the previous marriage has been legally dissolved, either through divorce or death, and where no children were born from that marriage.
The 2025 Year-End Islamic Law Colloquium directly contributes to the achievement of SDG 16 (Peace, Justice and Strong Institutions) by strengthening legal certainty and enhancing the quality of Religious Court institutions. It also supports SDG 5 (Gender Equality) and SDG 10 (Reduced Inequalities) through the promotion of legal protection for women and children in the context of marriage. Through the participation of an FH UGM lecturer as a speaker, the event also demonstrated the synergy between UGM and universities across Indonesia in strengthening research quality and expanding academic contributions to the development of Islamic law in Indonesia.
Author : Dita Elvia Kusuma Putri (Asisten Dosen Departemen Hukum Islam)
