Disharmony in Sirri Marriage Registration Regulations on Family Cards: A Study of Ministry of Home Affairs Regulation No. 9/2016

Abstract

The Regulation of the Minister of Home Affairs of the Republic of Indonesia No. 9 of 2016 allows birth certificate applicants without a marriage certificate to be recorded in the Family Card (KK) by submitting a statement of absolute responsibility (SPTJM), labeled as "unregistered marriage." This provision has sparked debate, as it appears to contradict Marriage Law No. 1 of 1974 while aiming to uphold citizens' rights to registration and maintain orderly administration. Through a qualitative method with a normative juridical approach, this study shows that the registration of marriages on both the marriage certificate and KK aligns with the concept of maqāṣid sharī'ah and the principles of sadd al-ḍarī'ah, qiyās, and maslahah mursalah. However, the disharmony between marriage registration regulations and population administration records reflects Islamic law provisions, as the registration of sirri marriages serves as a database for subsequent mass marriage isbāt, providing a final opportunity to register and legitimize the marriage contract.

Keywords

• disharmony
• marriage registration
• marriage certificate
• family card