Al Usmani, Muhammad Yusril
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

When Clerical Errors Become Court Cases: Administrative Justice and the Judicialization of Marriage Registration in Indonesia Ravi, Rois Fadzi Ahmad; Darwis, Rizal; Kasim, Dulsukmi; Al Usmani, Muhammad Yusril
Al-Mujtahid: Journal of Islamic Family Law Vol 5, No 2 (2025)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/ajifl.v5i2.3930

Abstract

This article analyzes the juridical and socio-legal implications of the judicialization of marriage biodata correction under the Regulation of the Minister of Religious Affairs (PMA) Number 30 of 2024 in Indonesia. The regulation requires that all amendments to marital biodata be resolved through judicial determination, shifting corrective authority from the Office of Religious Affairs (KUA) to the Religious Courts. This policy change raises concerns regarding administrative justice, public service efficiency, and access to justice in family law administration. Using a combined normative juridical and socio-legal approach, the study examines the evolution of marriage registration regulations from PMA No. 11 of 2007 to PMA No. 30 of 2024. It analyzes empirical data from biodata amendment cases adjudicated by the Religious Court of Suwawa between January and October 2025. The findings reveal a non-linear regulatory trajectory marked by alternating phases of administrative flexibility and judicial centralization, as well as persistent ambiguity in distinguishing clerical corrections from substantive amendments. Empirically, most court applications involve minor typographical errors previously resolvable administratively. The article argues that this condition reflects over-judicialization of administrative corrections. It concludes that technically non-substantive biodata corrections should be reintegrated into the administrative authority of the KUA through a structured and accountable administrative self-correction mechanism to promote proportionality, efficiency, and public service justice.