DINAMIKA PEMAHAMAN PEGAWAI PENCATAT NIKAH TERHADAP PENERBITAN KARTU KELUARGA BAGI PASANGAN PERKAWINAN TIDAK TERCATAT: KAJIAN DI KUA KABUPATEN SLEMAN

Dea Safitri, S.H., NIM.: 23203012062 (2025) DINAMIKA PEMAHAMAN PEGAWAI PENCATAT NIKAH TERHADAP PENERBITAN KARTU KELUARGA BAGI PASANGAN PERKAWINAN TIDAK TERCATAT: KAJIAN DI KUA KABUPATEN SLEMAN. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage Law No. 1/1974 clearly stipulates that for legal certainty, marriages must be registered and proven through a Marriage Certificate. This Marriage Certificate document is an absolute requirement in population administration, including the issuance of Family Cards. However, the Ministry of Home Affairs' policy through Permendagri No. 109 of 2019 brought a new paradigm that allows the issuance of Family Cards for unregistered married couples by attaching a Letter of Absolute Responsibility (SPTJM). This policy has sparked discourse among legal practitioners, especially Marriage Registrars who are caught in the dilemma between upholding marriage law norms and accepting population administration regulations. Therefore, this study aims to examine how KUA officials in Sleman Regency respond to this policy, the legal references they use, and analyze their views in relation to the concept of separating the rights of citizens and the rights of family members. This study is a descriptive-analytical study with a legal-empirical approach, based on in-depth interview data and documentation. Interviews were conducted with the heads of the Religious Affairs Office (KUA) and religious leaders in six sample areas in Sleman Regency. The interviews focused on their views on the policy of issuing Family Cards for unregistered married couples, their legal arguments and understanding of legal rights within the family and in the context of citizenship. The data were analyzed with reference to the theory of legal bureaucracy, the theory of legal synchronization, and the objectives of law (Maṣlaḥah). This study shows that, first, two types of views emerged among marriage registrars. The first view was one of disagreement, arguing that the policy had the potential to normalize unregistered marriages and weaken the principle of legal certainty in marriage. This group referred to relevant legal texts and considered that civil registration documents must be in line with the legality of marriage. The second view is one of acceptance, assessing that the policy is an affirmative administrative measure that contains maṣlaḥah values to protect the civil rights of citizens, particularly the ownership of identity documents and to protect the rights of children (ḥifẓ al-nasl), without intending to legitimize marriage by the state. This group refers to the 1945 Constitution and the principle that leaders' policies must be oriented towards the welfare of the people in administrative matters. Second, this study also concluded that these differences in opinion stem from different understandings of the concept of separation of rights. The group that accepts this view clearly separates the administrative rights of citizens from the civil rights of families. Meanwhile, the group that rejects this view considers individual rights as citizens and rights as family members to be an inseparable whole. For them, the issuance of a family card for married couples does not imply that the state has granted legal validity to the marriage, and this creates legal uncertainty and a conflict between the obligation to register marriages and the issuance of family cards.

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