Conflict of Norms Resolution of Family Card Issuance for Siri Married Couples in Indonesia
- 10.2991/978-2-38476-022-0_45How to use a DOI?
- Ministry of Home Affairs policy; Family card; Unregistered married; Conflict of norms
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.
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Cite this article
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 -