Conflict of Norms Resolution of Family Card Issuance for Siri Married Couples in Indonesia

DOI

10.2991/978-2-38476-022-0_45How to use a DOI?

Keywords

Ministry of Home Affairs policy; Family card; Unregistered married; Conflict of norms

Abstract

The Ministry of Home Affairs’ policy regarding the issuance of Family Cards for unregistered married couples has a positive impact because it guarantees legal protection for citizens. However, from the other point of view, the issuance also has legal implications for the community. The Ministry of Home Affairs through the Directorate General of Department of Population and Civil Registration has made a policy that unregistered marriages can be included in the Family Cards with the statement “unregistered marriage”. The statement was conveyed by the Director-General of the Department of Population and Civil Registration through his personal Instagram account. In fact, the basic principle of marriage is the principle of registration, as stated in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage. The purpose of this study is to determine the urgency of the Ministry of Home Affairs in making a policy for issuing Family Cards for unregistered married couples and to understand the legal status of the “unregistered marriage” nomenclature that is included in the Family Card according to Indonesian laws and regulations. This study uses a normative legal research method with a statutes approach. Based on the results of the study, it shows that the issuance of Family Card for unregistered married couples is contrary to several positive laws in Indonesia, namely Law Number 1 of 1974 concerning Marriage, Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration, and the Compilation of Islamic Law and it is hoped that the Ministry of Home Affairs will conduct an in-depth study and coordination between institutions related to the policy so that there is no disharmony and conflict of norms.

Copyright

© 2023 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Supriyono
AU  - Vavirotus Sholichah
AU  - Bambang Trianto
AU  - Nur Azizah Hidayat
PY  - 2023
DA  - 2023/05/13
TI  - Conflict of Norms Resolution of Family Card Issuance for Siri Married Couples in Indonesia
BT  - Proceedings of the 1st UMSurabaya Multidisciplinary International Conference 2021 (MICon 2021)
PB  - Atlantis Press
SP  - 421
EP  - 430
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-022-0_45
DO  - 10.2991/978-2-38476-022-0_45
ID  - 2023
ER  -