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All Journal Al-Bayyinah Constitutional Law Review
Aris, Ismail
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Religion Environmental Science Law, Crime, Criminology & Criminal Justice

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Legal Implications of the Constitutional Court Decision No. 18/PUU-XI/2013 on Simplifying Birth Certificate Registration Procedures in Indonesia Maulana, Esty; Amir, Irfan; Sari, Muspita; Aris, Ismail
Constitutional Law Review Vol. 3 No. 1 (2024)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v3i1.5602

Abstract

This study analyzes the legal implications of the Constitutional Court Decision Number 18/PUU-XI/2013 on Indonesia's birth certificate registration, particularly for late registrations exceeding one year. Prior to this decision, late registrations required a court decree from the District Court, creating a significant burden for the public. The Court's ruling eliminated the need for a court decree, transferring full authority to the Civil Registry Office (Disdukcapil) for issuing late birth certificates. This decision introduces a fundamental shift in the registration process, simplifying administrative procedures and improving public access to civil registration services. However, it also presents challenges related to the validity of documents issued by Disdukcapil. The study finds that Disdukcapil must enforce rigorous verification procedures to ensure the legitimacy of birth certificates and prevent misuse. The findings indicate that the Court's decision positively impacts public access to essential services but highlights the necessity for strict oversight and enhanced service quality at Disdukcapil. These measures are crucial for ensuring that the decision effectively delivers fair and reliable legal protection for all citizens.
Wife's Consent as a Valid Condition for Reconciliation: A Juridical Study of Articles 164 and 165 of the Compilation of Islamic Law L, Yusri; Aris, Ismail; Fadila, Anisa Sri; Putri, Melani; Maharani, Erzy Aurelia
Al-Bayyinah Vol. 9 No. 1 (2025): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v9i1.8692

Abstract

This research discusses the issue of a wife's consent as a valid requirement for reconciliation (a legal study on Articles 164 and 165 of the Compilation of Islamic Law). It aims to determine the rights of a wife in reconciliation based on the Compilation of Islamic Law and the Islamic legal perspective on the position of a wife's consent rights in reconciliation as a valid requirement for reconciliation. To gather data on this issue, library research was conducted. The data obtained were analyzed using inductive, deductive, and comparative methods. Furthermore, a juridical-normative and juridical-theological approach was used in analyzing the data. In Islamic law, the authority to reconcile is an absolute right of the husband during the iddah period. Meanwhile, the Compilation of Islamic Law implicitly states that the consent and approval of the wife are valid requirements for reconciliation; in other words, it may be declared invalid by a ruling from the Religious Court. The text regarding the wife's rights in reconciliation, as outlined in the Compilation of Islamic Law, has a contextual meaning that enables the wife to access administrative benefits, guarantees, and legal protection from the state. Because the state only serves and recognizes the event of reconciliation if there is an authentic document in the form of a Marriage Certificate Extract. It does not annul the lawful reconciliation according to Islamic law. On the contrary, the existence of principles in Islamic law actually emphasizes the need to achieve public welfare and to reject or prevent anything that has the potential to cause harm.
Co-Authors Amir, Irfan Fadila, Anisa Sri L, Yusri Maharani, Erzy Aurelia Maulana, Esty melani putri Sari, Muspita