Penerbitan Kartu Keluarga Bagi Pasangan Nikah Siri Perspektif Gender dan Hukum Perkawinan di Indonesia

Abstract

This study aims to determine how family cards are issued to unregistered married couples, as well as to analyze gender and marriage laws in Indonesia regarding the issuance of family cards to unregistered married couples. In this study, the author uses a normative legal research method, with a statute approach. The legal material analysis used is descriptive analysis, followed by an evaluation of the contents of the articles in the Permendagri. The final step is a systematic interpretation of these articles. The findings of this study are as follows: first, the issuance of a family card for unregistered married couples only requires the attachment of an SPTJM and statements from two witnesses as a substitute for a marriage certificate/marriage certificate excerpt, as stipulated in Article 5 paragraph (2) letter b of the Minister of Home Affairs Regulation No. 109 of 2019 concerning forms and books used in population administration. Second, the issuance of family cards to unregistered married couples is considered a violation of Indonesian marriage law, as Article 2 paragraph (2) of the Indonesian Marriage Law stipulates that every marriage must be registered in accordance with applicable regulations. From a gender perspective, the issuance of family cards to unregistered married couples is considered detrimental to women and children, as it creates legal uncertainty for women. Even if unregistered married couples have family cards, these documents cannot be used as authentic proof of their marriage. If legal problems arise, women will lose their civil rights and cannot seek justice. Furthermore, if domestic violence occurs, the Law on the Elimination of Domestic Violence (PKDRT Law) cannot be enforced