Implementation of Birth Certificate Issuance Following the Issuance of the Regulation on Absolute Responsibility Statements from the Perspective of Maqasid al-Syari'ah

Abstract

The legal relationship between parents and their children is typically evidenced by a birth certificate; therefore, the issuance of a birth certificate for every child is mandatory. This is stipulated in Article 27 paragraphs (1) and (2) of Law Number 23 of 2002 on Child Protection, which explicitly requires that a child’s identity be established from birth and documented through a birth certificate. The Yogyakarta Office of Population and Civil Registration (Dindukcapil Yogyakarta) is the authority responsible for issuing birth certificates for residents of Yogyakarta. One of the primary requirements for applying for a child’s birth certificate is the submission of the parents’ marriage certificate or marriage book. However, if the parents are unable to provide a marriage certificate, they may submit a Statement of Absolute Responsibility affirming the truth of their status as husband and wife. This practice is particularly noteworthy and warrants investigation into how the Statement of Absolute Responsibility regarding marital status is implemented at Dindukcapil Yogyakarta. This research employs a mixed-method approach, combining fieldwork and library research, utilizing the Maqasid al-Shari’ah framework. Data were analyzed using a descriptive-analytical method, with data collected through interviews, observations, and documentation. The findings reveal that the implementation of the Statement of Absolute Responsibility at Dindukcapil Yogyakarta is specifically intended for couples who were married prior to the enactment of Law Number 1 of 1974 on Marriage. From the perspective of Islamic law, this practice aligns with the objectives of Maqasid al-Shari’ah, fulfilling the principles of Hifz ad-Din (preservation of religion), Hifz an-Nasl (preservation of lineage), and Hifz al-Mal (preservation of wealth)