Awang Long Law Review
Vol. 9 No. 1 (2026): Awang Long Law Review

THE EFFECTIVENESS OF MINISTER OF HOME AFFAIRS REGULATION NUMBER 73 OF 2022 CONCERNING NAME REGISTRATION IN BIRTH CERTIFICATE ADMINISTRATION

Navratilova (Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia)
Abdul Rasyid Saliman (Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia)
Enny Agustina (Faculty of Law, University of Pertiba, Pangkalpinang, Indonesia)



Article Info

Publish Date
06 Oct 2026

Abstract

Birth certificates play a fundamental role in population administration as they serve as legal proof of identity and official recognition of every citizen before the law. Through Minister of Home Affairs Regulation Number 73 of 2022 concerning Name Registration on Birth Certificates, the Government of Indonesia regulates the use of names deemed inconsistent with the norms of decency, morality, and public order. Although the regulation is intended to safeguard the best interests of the child, its implementation continues to generate debate regarding legal certainty and the protection of constitutional rights. This study aims to examine the effectiveness of the implementation of Minister of Home Affairs Regulation Number 73 of 2022 in ensuring legal certainty and to assess its conformity with constitutional law principles. The research employs a normative juridical method using both statutory and conceptual approaches. The data were collected from the 1945 Constitution of the Republic of Indonesia, relevant legislation, Minister of Home Affairs Regulation Number 73 of 2022, scholarly literature, and judicial decisions. The findings indicate that the implementation of the regulation has not yet been optimal due to the absence of clear and measurable standards for determining names that are considered contrary to prevailing norms. This situation has resulted in inconsistent application across different regions and has consequently created legal uncertainty. Furthermore, the regulation of restrictions on fundamental rights through a ministerial regulation may be inconsistent with the principle of legality and the provisions of Article 28J of the 1945 Constitution. Therefore, regulatory refinement, the establishment of more objective criteria, and strengthened oversight mechanisms are necessary to ensure a balanced protection of children's interests and human rights.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...