FIAT JUSTISIA: Jurnal Ilmu Hukum
Vol 17 No 1 (2023)

Disharmony of Sirri Marriage Registration Regulation on the Family Card (Analyzing The Ministry of Interior Affairs’ Regulation No. 9/2016)

Lathifah Munawaroh (Universitas Negeri Walisongo)
Ahmad Munif (Universitas Negeri Walisongo)
Ahmad Rofiq (Universitas Negeri Walisongo)



Article Info

Publish Date
29 Mar 2023

Abstract

The Regulation of the Minister of Interior Affairs of the Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage of Birth Certificate Ownership, in article 4 numbers 2 and 3, allows birth certificate applicants who cannot meet the requirements in the form of a marriage certificate, to get a solution still recorded in the family card by attaching the statement of absolute responsibility, called SPTJM, truth as husband and wife with the editorial status written in the family card "unregistered marriage." A breakthrough that invites controversial experts. On the one hand, contrary to Marriage Law No. 1 of 1974, on the other hand, the government wants to guarantee the right of every citizen to be registered so that administration is orderly. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on the marriage certificate and family card aligns with the concept of maqāṣid sharī'ah. This recording also aligns with the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. Meanwhile, the apparent disharmony between marriage registration regulations and population administration records is also in line with the provisions of Islamic law. However, the Population Administration Registration Regulations make registering Sirri marriages a database to be followed up with mass marriage isbāt. The last door to register and legalize the marriage contract.

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Journal Info

Abbrev

fiat

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Fiat Justisia: Jurnal Ilmu Hukum is an open access and peer-reviewed journal that aims to offer an international academic platform for cross-border legal research encompassing specifically concerning human rights, policy, values of Islam. These may include but are not limited to various fields such ...