Research Article
Registering the Unregistered: A Legal Analysis of the Ministry of Home Affairs’ Policy on the Family Card for the Unregistered Married Couple
@INPROCEEDINGS{10.4108/eai.27-7-2022.2342429, author={Dani Muhtada}, title={Registering the Unregistered: A Legal Analysis of the Ministry of Home Affairs’ Policy on the Family Card for the Unregistered Married Couple}, proceedings={Proceedings of the 5th International Conference on Indonesian Legal Studies, ICILS 2022, 27-28 July 2022, Semarang, Central Java, Indonesia}, publisher={EAI}, proceedings_a={ICILS}, year={2023}, month={12}, keywords={civil registry islamic marriage marriage law legal policy}, doi={10.4108/eai.27-7-2022.2342429} }- Dani Muhtada
Year: 2023
Registering the Unregistered: A Legal Analysis of the Ministry of Home Affairs’ Policy on the Family Card for the Unregistered Married Couple
ICILS
EAI
DOI: 10.4108/eai.27-7-2022.2342429
Abstract
In October 2021, the Ministry of Home Affairs’ General Directorate of Civil Registry issued a policy allowing the unregistered married couple to have a family card, which raised pros and cons among the public. The General Director of the Civil Registry said that such a policy did not mean to legitimate unregistered marriage. It only meant to provide registry service for the unmarried couple as it is part of the Directorate’s everyday duties and authorities. The objective of this paper is to analyze whether or not the government should accommodate the registry of the unregistered married couple in the official family card. It analyses the issue from two perspectives: harmonization of the National Law and the Islamic law. This paper argues that such a policy contradicts the existing law of marriage and is not in line with the legal spirit of the Law Number 1 of the Year 1974. From the perspective of Islamic law, such a policy contradicts the principles of maqasid al-sharia as well as the philosophy of Islamic marriage.