Volume 17 Number 1, January 2023: 93-108.

Copyright ©
2020 FIAT JUSTISIA. Faculty of Law, Universitas Lampung,
Bandar Lampung, Indonesia.
ISSN: 1978-5186 | e-ISSN: 2477-6238.
http://jurnal.fh.unila.ac.id/index.php/fiat

Disharmony of Sirri Marriage Registration Regulation on

the Family Card (Analyzing The Ministry of Interior
Affairs’ Regulation No. 9/2016)
Lathifah Munawaroh1, Ahmad Munif 2, Ahmad Rofiq3
1
Universitas Negeri Walisongo, E-mail: lathifah.munawaroh@walisongo.ac.id
2Universitas Negeri Walisongo, E-mail: ahmadmunif@walisongo.ac.id
3Universitas Negeri Walisongo, E-mail: ahmad_rofiq@walisongo.ac.id

Submitted: January 9, 2023; Reviewed: March 2, 2023; Accepted: March 20, 2023

Article Info Abstract

Keywords: The Regulation of the Minister of Interior Affairs of
Disharmony, Marriage the Republic of Indonesia No. 9 of 2016 concerning
Registration, Marriage Certificate, the Acceleration of Coverage of Birth Certificate
And Family Card. Ownership, in article 4 numbers 2 and 3, allows
birth certificate applicants who cannot meet the
DOI: requirements in the form of a marriage certificate,
10.25041/fiatjustisia.v17no1.2851 to get a solution still recorded in the family card by
attaching the statement of absolute responsibility,
called SPTJM, truth as husband and wife with the
editorial status written in the family card
"unregistered marriage." A breakthrough that
invites controversial experts. On the one hand,
contrary to Marriage Law No. 1 of 1974, on the
other hand, the government wants to guarantee the
right of every citizen to be registered so that
administration is orderly. Through a qualitative
method with a normative juridical approach, this
study shows that the registration of marriages on the
marriage certificate and family card aligns with the
concept of maqāṣid sharī'ah. This recording also
aligns with the principles of sadd al-ḍarī'ah, qiyās,
and maslahah mursalah. Meanwhile, the apparent
disharmony between marriage registration
regulations and population administration records
is also in line with the provisions of Islamic law.
However, the Population Administration
Registration Regulations make registering Sirri
marriages a database to be followed up with mass
marriage isbāt. The last door to register and legalize
the marriage contract.

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Disharmony of Sirri … Lathifa Munawaroh, Ahmad Munif, and Ahmad Rofiq

A. Introduction
Discussions related to sirri marriage are still hotly discussed. The
controversy of whether it is allowed or not is always debatable and never ends.
By definition, this type of marriage is always associated with Law Number 1
of 1974 concerning Marriage because this term has emerged since the birth of
this law. Sirri marriage is a marriage carried out based on religious rules, so
concerning Islam, this marriage is a marriage that has fulfilled the conditions
and pillars according to Islamic law but is not registered at the Religious
Affairs Office, called KUA. Meanwhile, for non-Muslims, marriages that
follow the rules of their religion are not registered at the Civil Registry Office.
Some equate this type of marriage as the same as underhand marriage.1
On the one hand, Law no. 1 of 1974 Marriage in article 2 number 2
requires that every marriage be registered according to the applicable laws and
regulations. So that a marriage that is not registered is an illegal representation
in the eyes of the legal law, on the other hand, Islamic law provides legal
certainty regarding its validity as long as the marriage is carried out following
predetermined terms and pillars. Although many contemporary scholars
prohibit this marriage, this prohibition is not due to the aspect of this marriage
itself. The prohibition of these contemporary scholars is often due to another
reason; the wrong side that is caused, and the heaviest risk is the wrong side
for women and children born due to unregistered marriages. From here, the
rule of sadd al-dhari'ah applies. Closing the mafsadah doors before they occur
so that the registration of this marriage is part of the sadd al-dhari'ah rules.2
Many problems arise from sirri or unregistrated marriages, especially
regarding existing legislation. Legal uncertainty for the wife, where for
example, if the husband dies, the wife cannot challenge her inheritance rights
in court if the husband's family does not give an inheritance. Children who are
born are also the same fate. Even though it is possible by deed the child can
be linked to the mother, but he does not get legal certainty about the status of
his father, what if the child is a girl, she will need a guardian when she marries
later, and a series of problems that arise, all of this can trigger problems both
psychologically and socially.
From the problems that have arisen, recently the Ministry of Interior
Affairs through the Directorate General of Population and Civil Registration
as called as Dukcapil has given the green light for every couple who carries
out an unregistered marriage to obtain a family card. Couples who have
entered into unregistered marriages can be registered in one family card with
the status of 'unregistered marriage'. This information was conveyed by the
Director General of Population and Civil Registration of the Ministry of

1 Supriyadi, “Perkawinan Sirri Dalam Perspekti Hukum Di Indonesia,” YUDISIA 8,

no. 1 (2017).
2 Kharisudin, “Nikah Siri Dalam Perspektif Kompilasi Hukum Islam Dan Undang-

Undang Perkawinan Indonesia,” Perspektif 26, no. 1 (2021): 48–56.

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Volume 17 Number 1, January 2023

Interior Affairs, Zudan Arif Fakrulloh. According to him, all Indonesian

people can be included in the family card. Unregistered marriage couples can
be registered in one family card by attaching one condition: making a
Statement of Absolute Responsibility or an SPTJM that prove the truth of the
husband and wife that is known by two witnesses.3 This is in accordance with
what is stated in the Regulation of the Minister of Interior Affairs of the
Republic of Indonesia No. 9 of 2016 concerning the Acceleration of Coverage
of Birth Certificate Ownership, in article 4 numbers 2 and 3 which allows birth
certificate applicants who cannot fulfill the requirements in the form of a
marriage certificate/quote of marriage certificate, the applicant attaches
SPTJM valid as husband and wife.4
A new breakthrough that invites great controversy among the public.
The National Commission on Violence against Women, which is an
independent agency for upholding the human rights of Indonesian women,
strongly criticized this policy. In one of her interviews, she said:
“We remind you that a valid marriage according to the Marriage Law
is one that is carried out according to the laws of each religion and
belief and is recorded according to the applicable laws and regulations.
A marriage certificate/excerpt from a marriage certificate/divorce
certificate is one of the requirements for obtaining a new family card.
A statement paper about the existence of a marriage issued by someone
who is married is not an authentic deed, and is not a justifiable
requirement for obtaining a Family Card”.5

Meanwhile, this policy was approved and positively responded to by

the Chairman of the Indonesian Ulama Council, Asrorun Niam, in an
interview, saying that in the Islamic law, that policy was correct and solutive.6
According to him, this policy is actually a solution to existing population
problems. Niam explained from the fiqh point of view that marriages that are
in accordance with fiqh regulations, meet the conditions and pillars, are just
not officially registered at the religious Affairs office.
Apart from the controversy that has arisen in public opinion, the
author observes that the policy which uses the regulation of Ministry of
Interior Affairs as a source of legitimacy is like the recognition of sirri
marriages. By allowing couples with sirri marriage status to be combined into

3https://nasional.tempo.co/read/1515202/nikah-siri-bisa-masuk-kartu-keluarga-

tercatat-di-dukcapil-penuhi-syarat-ini selain itu dapat juga diklik

https://fajar.co.id/2021/10/09/nikah-siri-bisa-bikin-kk-ini-syarat-dari-dirjen-dukcapil/.
4 Salinan dari permendagri no 9 tahun 2016 tentang percepatan cakupan kepemilikan

akta kelahiran, 6.
5 https://qobiltu.co/kontroversi-pasangan-nikah-siri-bisa-masuk-satu-kk/.
6 https://news.detik.com/berita/d-5757836/mui-secara-fikih-pasangan-nikah-siri-
diberi-kk-benar-dan-solutif.

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Disharmony of Sirri … Lathifa Munawaroh, Ahmad Munif, and Ahmad Rofiq

one household, it is as if the Ministry of Interior Affairs through Dukcapil

acknowledges the existence of sirri marriages where as in Law no. 1 of 1974
concerning Marriage in article 2 requires that every marriage must be
registered so that a marriage that is not registered is an illegal marriage in the
eyes of the law. Even though on the existing family card it will be written
“Marriage not/not yet registered”. From this it can be seen that there is a
contradiction between the wishes of the Marriage Law in terms of the
obligation to register marriages with the dukcapil policy which recognizes
unregistered marriages. Meanwhile, on the other hand, at the Islamic Law
level, it is understood that marriage registration is not a requirement for a valid
marriage, nor can marriage registration replace the position of the two
witnesses to the marriage.

B. Discussion
1. Marriage Registration in the Islamic Law
This There is no discussion of marriage registration in conventional
classical books. However, there is discussion about the existence of marriage
witnesses and i'lān al-nikāh (wedding announcements). From their discussion
it is known that the concept of marriage without witnesses is the definition of
sirri marriage in the past era. This is as in the discussion in Sahnun's book
named al-Mudawwanah from the Maliki School, that witnesses are not
harmonious, but marriage must be announced or what is called i'lān al-nikāh.
It is stated in the al Mudawwanah that Imam Malik distinguishes between sirri
marriages and marriages that are not accompanied by evidence. Sirri marriage
is a marriage that is deliberately kept secret by the parties involved in the
marriage. And the law of this type of marriage is invalid, on the other hand
the law of marriage which has no evidence but is announced to the general
public is valid.7
From the explanation above it is clear that the element of
announcement, according to the Maliki School, determines whether a
marriage is valid or not. Marriage with an effort to keep it a secret is
considered a sirri marriage and its status is invalid. All of this is taken from
the hadith of the Prophet regarding the recommendation of walimah or
announcement of the marriage, one of the objectives of which is to distinguish
between legal marriages and those that are not. In fact, according to Nasution,
in principle all Islamic scholars require witnesses, however, Imam Malik
emphasizes the function of witnesses, namely as a means of announcement
rather than just being present at the time of the contract. Unlike the jumhur
ulama' who make the presence of witnesses a pillar that must have witnesses.8

7Khairuddin Nasution, Status Wanita Di Asia Tenggara: Studi Terhadap Perundang-

Undangan Perkawinan Muslim Kontemporer Di Indonesia Dan Malaysia (Leiden-Jakarta:
INIS, 2002), 139-146.
8 Nasution, 146.

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Marriage registration is not discussed in classical fiqh books because

the two largest sources of Islamic law: the Qur'an and al-Sunnah also do not
clearly regulate the existence of marriage registration. However, debt
transactions or non-cash transactions are ordered in one of the longest verses
in the Qur'an, namely in QS. al-Baqarah: 282 which indicates that registration
is necessary for legal certainty, even from the verse above it is also understood
that registration takes precedence over testimony.9 If we take a closer look at
the registration of marriages through the eyes of ushul fiqh, we will find
several perspectives:
In terms of qiyās10, the registration of marriages as furū', or branches
that do not have legal provisions, is put by recording transactions whose legal
provisions have been mentioned in paragraph 282 of QS. al-Baqarah
mentioned above. With the similarity of 'illat, namely guaranteeing legal
certainty, and another similarity is that there are similarities in pillars,
especially in matters of contracts, perpetrators, and witnesses. So that the
registration of marriages can be validated by muamalat transactions that
already have the text in a clear way. If a contract of credit or other work
relations must be recorded, it is even more important for a marriage contract
that is so noble and sacred to be registered. Thus, that the recording of
marriage contracts is recommended by Islam as the order for recording debt
contracts.11
From the perspective of maslaḥat mursalah12, in Indonesia as is the case
in many Islamic countries, regulations have been established regarding the
registration of marriages. The registration of marriages has many advantages,
including: orderly administration and guaranteed legal certainty for the
perpetrators, in addition to the registration of marriages to protect the
husband/wife in the event of a dispute and one of them wants to take legal
action. Children are also protected by the registration of marriages. Another
benefit is in the form of having preventive goals, namely so that there are no
deviations from the pillars and conditions of marriage, avoiding falsification
of the identities of the parties who will carry out the marriage. Thus the

9 Ahmad Rofiq, Hukum Perdata Islam Di Indonesia (Depok: Raja Grafindo Persada,
2017), 50.
10 Qiyās is connecting (equating law) something that has no legal provisions with

something that has legal provisions because there are illat similarities between the two. In the
practice of qiyās there is something that already has a law, which is called al Aṣlu, and its laws,
and al furū' and al furū' laws. The law of al furū' is assigned to the law of al Aṣlu, because of
the similarity of 'illat Hukum.
11
Nenan Julir, “Pencatatan Perkawinan Di Indonesia Perspektif Ushul Fikih,” Jurnal
Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan 4, no. 1 (2018),
https://doi.org/10.29300/mzn.v4i1.1010, 219.
12 Maṣlaḥat Mursalah is a maslahah which is not recommended by the shari'ah and

also not prohibited by the shari'ah, solely exists on the basis of the needs of the community.
Determination of law on the basis of benefit of thing is one of the principles in determining
Islamic law. See Julir.219.
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Disharmony of Sirri … Lathifa Munawaroh, Ahmad Munif, and Ahmad Rofiq

registration of marriages has advantages and benefits, as well as goodness in

people's lives. On the other hand, if a marriage is not regulated and not
registered, it will bring risks to the perpetrators of the marriage, especially
women and children born from the marriage.13
From the overall viewpoint in terms of uṣūl fiqh, the registration of
marriage has an essence and urgency in family life, especially in social life,
so that government regulations in the form of legislation governing the
registration of marriages are in line with Islamic law, even following the
maqāṣid sharī'ah of marriage. Moreover, it is understood that the principles
and characteristics of Islamic law are flexible and universal.
In practice, in Indonesia, the registration of marriages that are in
accordance with the regulations, both in terms of conditions and pillars, is
recorded in a marriage certificate. Talking about the registration of marriages
in Indonesia, it is necessary to look at several related regulations. Before Law
no. 1 of 1974, there was Law no. 22 of 1946, which initially only applied in
Java and Madura. Law no. 32 of 1954 which was passed on October 26, 1954,
then Law no. 22 of 1946 was officially enforced in all regions in Indonesia,
both Java and Madura and outside of both. Before Law no. 22 of 1946 has the
same regulation, which is based on the presidium of Law No. 22 of 1946,
namely Huewlijksordonnatie Buitengewesten No. 482 of 1932, namely
regulations regarding registration of marriages, divorces, and reconciliation
that apply in autonomous regions.14
Marriage registration as explained in the Marriage Law has many
purposes, ther are: orderly administration, as a guarantee for obtaining certain
rights such as birth certificates, identity card, family card, and others, in
addition to providing protection for marital status and providing protection for
Civil rights resulting from marriage.15
About the Technical registration of marriages is also regulated in
government regulation no. 9 of 1975 concerning the implementation of Law
no. 1 of 1974. Mentioned in government regulation No. 9 of 1975 Chapter II
Article 2 concerning registration of marriages. The procedures that must be
followed regarding the registration of marriages are regulated in subsequent
articles in the same government regulation, in articles 3-11, and in article 12
is an explanation regarding matters related to the Marriage Deed.16 After all

13 Julir; Fauzan Ghafur, Fazari Zul Hasmi Kanggas, and Setiawan Bin Lahuri,

“Kedudukan Pencatatan Perkawinan Dalam Hukum Islam Dan Hukum Positif Di Indonesia,”
Journal of Indonesian Comparative of Law 3, no. 2 (2020): 219,
https://doi.org/10.21111/jicl.v3i2.5389; Rofiq, Hukum Perdata Islam Di Indonesia.
14 Nasution, Status Wanita Di Asia Tenggara: Studi Terhadap Perundang-Undangan

Perkawinan Muslim Kontemporer Di Indonesia Dan Malaysia, 147.

15 Ghafur, Kanggas, and Lahuri, “Kedudukan Pencatatan Perkawinan Dalam Hukum

Islam Dan Hukum Positif Di Indonesia, 224.”

16 Ibnu Radwan Siddik, “STUDI PEBANDINGAN KETENTUAN PENCATATAN

PERKAWINAN DI INDONESIA DAN MALAYSIA,” Al Muqaranah 1, no. 1 (2017), 45-52.

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procedures are carried out, the couple will receive a marriage certificate as
proof of marriage registration.

2. Sirri Marriage and the Ithbāt Nikāh in Indonesia

The word sirri in the term of sirri marriage is from Arabic word. The
word sirri means secret, it means also hidden. The sirri marriage means that
the marriage is not announced for the public. In the terminology, sirri marriage
has many meaning. The classical fiqh already know and define sirri marriage.
Along with the development of fiqh and Islamic law studies, the contemporary
era has its own definition regarding sirri marriage.
In the Syafii school there is an explanation that sirri marriage is a
marriage without the presence of two witnesses.17 While the Malikiyah defines
that sirri marriage is a marriage attended by witnesses but not made public.
Almost in the same vein, Ibn Hazm calls sirri marriage a marriage witnessed
by less than two people.18
The definition above is still followed by contemporary scholars. Like
Wahbah Zuhaily, who defines sirri marriage as a marriage in which the groom
asks the witness to keep it secret. There is also the opinion of Mahmud Shaltut,
that sirri marriage is a marriage that is hidden, a marriage that is without any
witnesses and is not announced to the public and without official
registration.19
By paying attention to the phenomenon and the enactment of law in
Indonesia, there are several versions to define sirri marriage. Like Abdul Basir
who mentioned three types of sirri marriage definitions. First, marriages that
take place according to Fiqh or Islamic law but have not been registered at the
Marriage Registration Office called PPN and no ceremony is held. Second,
marriages that happen in line to Islamic law have been registered through
PPN, but the husband and wife have not lived together. And third, marriages
that happen in line with the provisions of Islamic law only.20
In accordance with Indonesian law, sirri marriages are also famous as
private marriages. As the term used in various agreements that are not
witnessed by the authorities from state government officials. Sirri marriage is
a phenomenon that is still ongoing in Indonesia today. According to
Wardana's study, for example, during the five year period (2016-2020) there

17 Mohammad Syahrul Wardana, “Penanggulangan Nikah Sirri Di Kota Samarinda;

Peranan Tokoh Agama Dengan Konsep Sadd Adz-Dzari’ah,” Legitima : Jurnal Hukum
Keluarga Islam 4, no. 1 (2021), 51-67, Kusmayanti, Hazar, and Nindya Tien Ramadhanty.
"Legitimacy of a Sirri Marriages (Second and So on) By the Pair of Civil Servants." DiH:
Jurnal Ilmu Hukum 17.1 (2021): 84-93..
18 Kurnia Muhajarah, “Secercah Pandang Mengungkap Kasus Nikah Sirri Di

Indonesi,” SAWWA 10, no. 2 (2015), 247-266.

19 Wahbah Al-Zuhaily, Al-Fiqh Al-Islamiy Wa Adillatuhu (Damsyiq: Dar al-Fikr,

1996); Mahmud Shaltut, Al-Fatawa, Kuwait: Dar Al-Qalam (Kuwait: Dar al Qalam, n.d.).
20 Abdul Basir, “Analisis Nikah Sirri Dalam Perspektif Hukum Adat Dan Hukum

Indonesia Kajian Sosiologis,” Jurnal Petitum 5, no. 1 (2017), 45-52.

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Disharmony of Sirri … Lathifa Munawaroh, Ahmad Munif, and Ahmad Rofiq

were 984 cases handled by the Samarinda Religious Court regarding ithbāt
nikāḥ. It is commonly understood that isbāt nikāḥ is submitted to legalize and
ensure that sirri marriages can be recorded and recognized by the state.21
There are many factors that can be presented as reasons and
backgrounds for sirri marriages in Indonesia.22 Abdul Basir mentions three
reasons for the occurrence of sirri marriages, they are: age limits that are not
strictly regulated by Fiqh, public knowledge of the law and parents' concerns
about their children. Pardianto also put forward several allegations as to the
background of sirri marriages,: Economic factors due to colliding with party
costs and the cost of registering marriages at the Religious Affairs Office,
deliberately not registering to hide from other legal provisions. And another
reason is that people are ignorant of the legal aspect. Muhajarah provides
another view of the background to sirri marriage. Two reasons were given,
namely factors that were beyond the capacity of the perpetrators; call it like
the two partners are still in college and waiting to graduate. No guardian
permission. It is difficult to obtain a polygamy permit. Worried about losing
the widow's pension rights and the view that marriage registration was not
ordered by the Prophet. Not a religious obligation.23
The article 7 (paragraphs 2-3) of KHI (The Compilation Islamic Law)
explains about isbāt nikāḥ when discussing proof of marriage other than a
certificate. From the above article, it is known that when a marriage that does
not have a proof a marriage certificate, there is a solution from the KHI, which
is to apply for isbāt nikāḥ in court. isbāt nikāḥ is confirmation of marriage
after it is known that the marriage has occurred with the fulfillment of the
marriage conditions and pillars. Isbāt nikāḥ is a combination of two words
which then becomes a compound word with a new meaning, namely the
determination of marriage which is a product of the Religious Courts based
on requests/lawsuits from interested parties. In another sense isbāt nikāḥ is an
application submitted by the applicant to the Religious Court with the
intention that a marriage (a marriage that is not registered or does not have a

21 Latifah Ratnawaty, “Kedudukan Nikah Sirri Menurut Hukum Positif Indonesia,”

YUSTISI 2, no. 2 (2015): 13–28; Wardana, “Penanggulangan Nikah Sirri Di Kota Samarinda;
Peranan Tokoh Agama Dengan Konsep Sadd Adz-Dzari’ah.” Suwarti; Saleng, Abrar;
Aburaera, Sukarno; Marlang, Abdullah. "Dualism of unregistered marriage law in
Indonesia." JL Pol'y & Globalization 67 (2017): 110.
22 Susilo, Singgih, B. Budijanto, and Ifan Definika. "Phenomenon of Unregistered

Marriage in Teenagers in Indonesia: A Case Study of the Madurese Community in

Situbondo." KnE Social Sciences (2022): 405-417.
23 Pardianto, “Menelisik Fenomena Nikah Sirri (Sebuah Kajian Tematik Dalam

Komunikasi Islam),” Dialektika : Jurnal Pemikiran Islam Dan Ilmu Sosial 11, no. 2 (2018):
117–32; Muhajarah, “Secercah Pandang Mengungkap Kasus Nikah Sirri Di Indonesi”; Abdul
Basir, “Analisis Nikah Sirri Dalam Perspektif Hukum Adat Dan Hukum Indonesia Kajian
Sosiologis.”
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marriage certificate) is declared valid based on the decision of the judge of

Religious Court.24
According to the Chief Justice of the Supreme Court of the Republic of
Indonesia’s Decree No. KMA/032/SK/2006 concerning Instructions for the
Implementation of Duties and Administration of Courts, isbāt nikāḥ is a
marriage legalization that have been happened in line with Islamic religious
law or fiqh, but is not authorized by Religious Office called KUA. Isbāt nikāḥ
also means a method of determining the validity of a marriage that has not
been registered at the local KUA, in accordance with the provisions of the
applicable law relating to marriages carried out in court. The 2010 Religious
Court Administration Technical Manual explains that marriage constituencies
are statements about the validity of marriages held based on fiqh and not
recorded by KUA.
Marriages that have been legalized and legally according to religious
law but are not registered. So that the isbāt nikāḥ is an administrative process
to be registered according to the applicable civil law.

3. Family Card in State Administrative Law

The Family Card called KK contains various things concerning the
names of family members, family composition and relationships, and their
identity. KK has its own identity number. This is the definition of a KK
according to Law Number 23/2006 about Population Administration.25 Also
mentioned in same sentence structure in Law Number 24/2013 about
Amendments to Law Number 23/2006 about Population Administration.
Article 1 number 13 stated "Family Card, here in after abbreviated as KK, is
a family identity card that contains data about the name, structure and
relationships within the family, as well as the identity of family members."
As a complete state administration, population administration is a right
as well as an obligation for every citizen. These rights, for example, as
mentioned clearly in article 2 of Law no. 23/2006 clearly that every
Indonesian resident has the right to get: Protection of Personal Data; Resident
Documents; Legal certainty over document ownership; Equal services in
Population Registration and Civil Registration; Information regarding data on
the results of Population Registration and Civil Registration of himself and/or
his family; Compensation and restoration of good name as a result of errors in
Population Registration and Civil Registration and misuse of Personal Data
by the Implementing Agencies.26

24 Ramdani Wahyu Sururie, “POLEMIK DI SEPUTAR HUKUM ISBAT NIKAH

DALAM SISTEM HUKUM PERKAWINAN INDONESIA,” Al-Manahij 11, no. 2 (2017).
25 Aljarofi, Amanda Zubaidah. "Kategori Perkawinan Belum Tercatat Dalam

Blangko Kartu Keluarga Perspektif Yuridis." Al-Hukama' 9.2 (2019): 296-324.

26 Putri Megawaty, Putri. ‘ANALISIS KUALITAS PELAYANAN REKOMENDASI

PEMBUATAN KARTU KELUARGA (KK) DAN KARTU TANDA PENDUDUK (KTP) PADA
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Disharmony of Sirri … Lathifa Munawaroh, Ahmad Munif, and Ahmad Rofiq

While the obligatory for citizens are described in articles 3 and 4 that
every citizen must report every population event and other important events
to the implementing agency and fulfill all the requirements. This fulfillment
is important for the clarity of data collection for each citizen. As part of
population administration, KKs are processed by implementing agencies
appointed by the government. Article 8 point (1) Law no. 24/2013, there are
six items of obligation that must be carried out by implementing agencies in
the population administration process, including; documenting the results of
Population Registration and Civil Registration; registering Population Events
and recording Important Events; provide the same and professional service to
every Resident for reporting Population Events and Significant Events; ensure
the confidentiality and security of data on Population Events and Important
Events; print, issue and distribute Population Documents; and verify and
validate data and information submitted by Residents in service of Population
Registration and Civil Registration.27
The six obligations are processed by the sub-district level civil
registration service. He is also authorized to issue civil registration certificates.
It's just that for point a, important population events, in terms of registration
of marriages, divorces, divorces, and reconciliation are submitted to Religious
Affairs of District Office referring to Article 8 points (2) and (3) of Law no.
24/2013.28

4. Clause for Registration of Sirri Marriage on the Family Card

Sirri marriage as a marriage that is not registered with the authorities
should have an impact on other population administration. Such as for the
management and issuance of the National Identity Number (NIK) for newborn
children on the Family Card (KK). Previously, the existence of Presidential
Regulation Number 96/2018 about Requirements and Procedures for
Population Registration and Civil Registration and Ministry of Interior
Affair’s regulation Number 108 about Implementing Regulations for
Presidential Regulation Number 96/2018 about Requirements and
“Procedures for Population Registration and Civil Registration, the
management of child birth certificates and inclusion in the KK must include a
book or marriage certificate and other birth requirements. But now, even if

KANTOR KELURAHAN TAMARUNANG, KECAMATAN SOMBA OPU, KABUPATEN

GOWA’. Diss. Politeknik STIA LAN Makassar, 2018.
27
Uum Ummul Muhimah, Peran Pemerintah dalam Bidang ‘Administrasi
Kependudukan dalam Kerangka Perlindungan Hukum Warga Negara Ditinjau dari
Undang_Undang No. 23 Tahun 2006 Tentang Administrasi Kependudukan, Sultan
Jurisprudance: Jurnal Riset Ilmu Hukum Vol. 2 No. 1 2022: 53-63
28 Suwarni, Sri. "Kajian Tentang Pelaksanaan Pencatatan Sipil Ditinjau Dari

Perspektif Uu No. 23 Tahun 2006 Tentang Administrasi Kependudukan Di Kabupaten

Bantul." Jurnal Media Hukum 17.1 (2010).
102
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they don't have a proof like marriage certificate issued by the KUA, parents
can enter their newborn child into the KK in the names of both.29
The Minister of Interior Affairs’ regulation No. 9/2016 about the
Acceleration of Coverage of Birth Certificate Ownership, reinforces this
provision. In Article 4 points 2 and 3 which allows birth certificate applicants
who cannot meet the requirements in the form of a marriage certificate, the
applicant attaches a valid letter called SPTJM proves as husband and wife.
Here some of the application in Indonesian area. In Bengkulu, for
example, seven KKs will be issued to married couples in 2022 per March. The
seven couples are sirri marriage partners, couples whose marriage events have
not been recorded with the authorities. They were given a KK because they
had completed the main requirement in the form of an SPTJM (absolute
liability letter) for a marriage that had not been registered. According to the
officer who issued the KK, his party carried out the mandate from the Director
General of Civil Registry Number 472.2/15145/DUKCAPIL dated 4
November 2021 concerning Instructions for Listing Unrecorded Marital
Status on Family Cards.30
The same thing happened in Kediri City. According to local dukcapil
records, 8-10 percent of the 100,247 heads of households in Kediri City have
unrecorded married status. This is understood by the public as the KK of sirri
marriages. Another cause could be the condition of a widow who has not taken
care of changing her KTP data. The Head of dukcapil in Kediri emphasized
that the registration was a follow-up to the Dukcapil Director General's letter
Number 472.2/15145/DUKCAPIL. However, he emphasized that the
inclusion of a marriage that has not been registered at the KK does not legalize
a sirri marriage or a marriage that is not registered at the KUA. This is only a
recording of important events in the form of the birth of a child which involves
both parents, father and mother.31
The General Director of Population and Civil Registration in the
Ministry of Interior Affairs explained that a birth certificate is a right for every
child. This has been regulated in number 9/2016 and number 108/2019. Thus,
even though the child is a child of an sirri marriage, he still has the right to be
processed and receive a birth certificate. Also, the parents have the right to
obtain a KK as a condition for issuing a birth certificate.32 The Head of DKI

29 Fadli, Implikasi Yuridis ‘terhadap Penerbitan Kartu Keluarga Bagi Pasangan Nikah
Siri di Indonesia, Mediasas: Media Ilmu Syari Jurnal dan Ahwal ‘Al-Syakhsiyyah Vol. 4 No. 1
2021: 82-91
30 Rmolbengkulu.id. “Tujuh Pasangan Nikah Siri Sudah Dibuatkan KK”. Available

online https://www.rmolbengkulu.id/tujuh-pasangan-nikah-siri-sudah-dibuatkan-kk
31 News.detik.com. “Anak dari Pernikahan Siri di Kota Kediri Bisa Cantumkan Nama

Ayah pada Akta”. Available online https://news.detik.com/berita-jawa-timur/d-5803240/anak-

dari-pernikahan-siri-di-kota-kediri-bisa-cantumkan-nama-ayah-pada-akta.
32 Kompas.com. “Cara Membuat Akta Kelahiran untuk Anak dari Pasangan Nikah

Siri” available online https://www.kompas.com/tren/read/2022/01/16/113000265/cara-

membuat-akta-kelahiran-untuk-anak-dari-pasangan-nikah-siri?page=all.
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Jakarta Dukcapil Service explained further that there is a phrase “marriage has
not been registered” for children born to sirri marriage partners. To get it, you
must apply to the Dukcapil agency by attaching several requirements. ID cards
of both parents.33
The above information was legalized from the Director General of Civil
Registry Number 472.2/15145/DUKCAPIL dated 4 November 2021 about
Instructions for Listing Unregistered Marital Status on Family Cards. There
mentioned six important points that need attention. Regarding the issuance of
a new KK, in number (2) it is explained the requirements that must be
completed or exist. It says, "Issuance of a new KK for forming a new family
as referred to in paragraph (1) letter a, by fulfilling the requirements in
accordance with the provisions of the Presidential Regulation regarding the
requirements and procedures for Resident Registration and Civil Registration
and accompanied by other conditions in the form of a statement of absolute
responsibility marriage/divorce has not been recorded.”
The provisions "other conditions in the form of a statement of absolute
responsibility for marriage/divorce have not been registered" are different
from the original provisions in Presidential Decree Number 96 of 2018 about
Requirements and Procedures for Resident Registration and Civil
Registration. Article 11 states that in order to obtain a new family card, one
must have a marriage book or a divorce certificate. Another main issue
regarding the issuance of the KK is related to the existence of important events
required by Article 11 of the Minister of Home Affairs. It says there, "Issuance
of KK due to changes in data as referred to in Article 9 paragraph (1) letter b,
consists of changes due to: a. Population Events; b. Important phenomenon;
and c. changes to the data elements listed in the KK.” The important events
referred to can be found in article 13 of the Minister of Domestic Affairs which
include: birth, marriage, annulment of marriage, divorce, annulment of
divorce, death, adoption, recognition of a child, validation of a child, change
of name, change of citizen status, correction of civil registration certificate,
and cancellation of the civil registration deed.
The existence of a KK is an absolute requirement for further processing
or making a child's birth certificate. As Article 43 number (1) of the Minister
of Domestic Affairs reads, "The registration of Indonesian citizen births in the
territory of the Unitary State of the Republic of Indonesia as referred to in
Article 42 letter a, must meet the following requirements: a. birth certificate;
b. marriage certificate or other valid evidence; c. households; and d. e-KTP.”
This provision is in line with the sound of article 33 of the Presidential Decree.
Together with the KK, there are several other requirements that must be
completed. Article 33 of the Presidential Decree states four conditions that

33 Kompas.com. “Cara Membuat Akta Kelahiran untuk Anak dari Pasangan Nikah

Siri” available online https://www.kompas.com/tren/read/2022/01/16/113000265/cara-

membuat-akta-kelahiran-untuk-anak-dari-pasangan-nikah-siri?page=all.
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Volume 17 Number 1, January 2023

must be completed; birth certificate, marriage certificate or other valid and

authorized proof, KK and Personal Identify.

C. Conclusion
Contradictions and disharmony between the Marriage Registration
Regulations and the Population Administration Registration Regulations look
different in addressing the sirri marriage, where the couple are registered as
legal citizen as well. The Marriage Registration Regulations do not recognize
and ignore sirri marriages, so they will not receive registration in the form of
a marriage certificate. While the population administration regulations
accommodate it by having to include an SPTJM, it can be recorded on the
family card. Both have clear and firm regulatory basis as a form of legal
certainty.
The registration of marriages in Indonesia appears contradictory and
disharmony with the enactment of the inclusion of 'unregistered marriages' in
the KK for unregistered marriage couples. Disharmony occurs between the
Marriage Registration Regulations and the Population Administration
Registration Regulations. The Marriage Registration Regulations do not
provide the slightest opportunity to recognize unregistered marriages.
Meanwhile, the Population Administration Registration Regulation provides
an opportunity for recognition by recording it in the KK with the main
requirement being that the SPTJM is married according to the provisions of
Islamic religious law. However, the Population Administration Registration
Regulations make the registration of sirri and unregistered marriages a
database to be followed up with isbat mass marriages, the last door to register
and legalize marriage contracts.

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