ANALISIS YURIDIS TERHADAP PEMENUHAN ADMINISTRASI KESEHATAN CALON PENGANTIN DI KUA JATIREJO

Ahmad Muzakki Zakariya, NIM.: 21103040016 (2025) ANALISIS YURIDIS TERHADAP PEMENUHAN ADMINISTRASI KESEHATAN CALON PENGANTIN DI KUA JATIREJO. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage in Indonesia is legally required to be registered at the Office of Religious Affairs (KUA). As part of the administrative requirements for marriage registration, couples must submit a Health Certificate, as stipulated in PERMENAG No. 30 of 2024. Furthermore, PERMENKES No. 2 of 2025 mandates comprehensive premarital health screening for both prospective spouses. This represents a development from the previous regulation, namely the 1989 Joint Instruction, which only required Tetanus Toxoid (TT) immunization for women. This study is significant in examining whether the implementation of premarital health screening at KUA Jatirejo aligns with the current legal framework and ensures the fulfillment of the rights of prospective spouses. The aim of this research is to analyze the implementation of premarital health screening at KUA Jatirejo from the perspective of the purpose of law and the protection of prospective spouses‟ fundamental rights. This research applies a field-based descriptive-analytical approach using a juridical-empirical method, combining normative legal analysis with empirical findings from field observations. Primary data were collected through interviews with KUA officials and prospective spouses, while secondary data were obtained from statutory regulations, legal literature, and academic journals. The data were analyzed qualitatively. The results indicate that KUA Jatirejo has made premarital health screening a mandatory administrative requirement. However, in practice, this obligation is applied only to prospective brides. Viewed from Gustav Radbruch‟s theory of the purpose of law, the implementation does not yet reflect justice, as it imposes unequal obligations between men and women. Legal certainty is also not fully achieved, as the current practice still refers to the outdated 1989 Joint Instruction, which is no longer consistent with the latest regulations such as PERMENKES No. 2 of 2025 and PERMENAG No. 30 of 2024. Nevertheless, the principle of utility has been partially fulfilled through the preventive and educational benefits provided to prospective brides. As for the protection of rights, prospective brides' rights are relatively well accommodated, especially the right to health through comprehensive screening, the right to information facilitated through premarital counseling and Communication, Information, and Education (CIE) sessions, and the right to marry with informed consent based on medical information obtained through the screening process.

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