Woman and Child Protection in Marriage Stipulation Program In Aceh Jaya Regency, Indonesia

ABSTRACT

Indonesia has a Marriage Law which aims to protect the legal interests of husbands, wives and children. The State of Indonesia requires marriage registration at the Office of Religious Affairs so that the legal rights are maintained and maintained. Conversely, if the marriage is not recorded then what happens, women and children will get a lot of potential losses. But the Government cannot provide legal protection regarding unregistered marital status, because shared assets in marriage, inheritance, and other rights arise because of marriage. To prove the right of a woman as a wife and to pretect @familyprotection, she must prove the marriage relationship between her and her husband. If this cannot be proven, women and children will have difficulty obtaining their rights before the law. On the other hand, the State of Indonesia cannot let the marriage cannot be listed conditions for certain reasons, such as long conflicts and natural disasters in extraordinary category. How can a person register his marriage if all legal service offices did not operate due to conflict? Or how to register marriage if totally paralyzed by a natural disaster? Such as the prolonged conflict and the Tsunami Natural Disaster in Aceh on December 26, 2004. So in order to protect the interests of women and children, the Government provides a special solution by establishing a past marriage with Marriage Stipulation Program before the court.

THE BACKGROUND OF ISSUE

Indonesia is one of the countries that has legal order and administrative, out of a number of negative issues in Indonesian legal system. However, there is no country that has no shortcomings, isn't there? But now I just want to share about one of the advantages of the current government in accommodating the problem of population administration. I hope this advantage can have a positive effect on other government programs. Why do I consider this important because population administration has an urgency for the orderly problems of a country. The sovereignty of a country can also be measured by administrative order. Even an adagio states the strength of a country depends on how strong the administration, isn't it ? One of the things that forms a proud government program at the moment is high attention to the orderliness of the population administration of the Indonesian people.

In Aceh, since the Establishment of the Four Institutions Agreement by the Government of Aceh, the Court Institution, the Ministry of Religion and the Office of Population and Civil Registration on 8 May 2018, all Districts in Aceh Province are trying their best to complete population administration in Aceh Integrated Marriage Stipulation Services for conflict victims, Tsunami victims and the poor people. One of the districts included in the Aceh Government program is Aceh Jaya District.

Aceh Jaya is a district area that faces many problems in the field of marriage administration and population. It because Aceh Jaya District also gets the most severe excesses of conflict. During the conflict many offices serving the making of the Marriage Deed and Population Deed were closed, burned and not operating. The society is greatly disadvantaged due to this prolonged conflict. The peak was when the National Earthquake and Tsunami disaster occurred on December 26, 2004, in Aceh. Magnitude earthquake 9.2 SR and the highest Tsunami make the Aceh Jaya District totally paralyzed. The number of victims who died and were declared missing were very numerous, as were the population administration who suffered the same fate.

Based on data from the Ministry of Religion and the Aceh Jaya District Population and Civil Registration Service in 2018, there are still around 4000 more married couples who have not received a Marriage Certificate, as a result many residents have not yet obtained their rights as citizens such as Identity Cards and Family card. So are many children who have not received a birth certificate. Over time various legal problems surfaced and the main issue of all was population administration and proof of marriage. All are based on recording. For this reason the Aceh Jaya District Government along with the Supreme Court of the Republic of Indonesia through the Calang Family Court synergized to resolve the administrative problems.

MARRIAGE STIPULATION PROGRAM

As I mentioned earlier, there are around 4000 residents who do not have a Marriage identity so it is very difficult for the society to make Population Deeds such as identity card, Family Card and Birth Certificate because the marriage identity is the main requirement in arranging the certificate. This problem is the first problem that must be addressed immediately because it will be very detrimental to many parties, especially women and children. Why are women and children? Let's see the explanation below.

In the legal system in Indonesia, marriages is acknowledged are marriages that have been officially registered by the Ministry of Religion of the Republic of Indonesia through the Sub-district Office of Religious Affairs. If it is not registered then a woman who is a wife, it will be difficult for her to get a share of the assets together and through the inheritance system. Likewise, the child due to the marriage of his unregistered parents, the child cannot get his right in the form of a birth certificate. While at nowadays the birth certificate is the main requirement for entering school. In this case, the government's attention to women and children in Indonesia is very large, so the urgency of the marriage determination activity is very urgent to be carried out. The main purpose is orderly administration, protecting the women's legal interests and children then preventing acts of abuse and protecting families.

THE PROCESS OF STIPULATING MARRIAGE

In this activity, I and 2 judges from the court were tasked with examining and prosecuting several couples who had not received a Marriage identity until now. The court of marriage determination Session is held outside the court office. I as a Judge accompanied by 2 Judges and assisted by the Registrar came directly to the society who had been concentrated on the Government in the Jaya Sub-District Office Hall, Aceh Jaya Regency. When I arrived at the location of the activity, I saw the society was very enthusiastic in participating in the activity. Hundreds of people have been waiting for our presence there. The age of the people (husband and wife) who were present there ranged from 35 years to 80 years. In this court I found that there were 3 categories of reasons so that the society did not have a marriage identity, that are:

1. Marriage that occurs in times of conflict.
2. Married in rehabilitation and reconstruction after the Tsunami
3. Marriage Evidence has been issued but lost after the Tsunami.

All the reasons above basically happened because the life of during the conflict was very complicated, government offices were closed and burned and the marriage registrar employee was not active. The same happened for couples who have had a marriage identity for a long time but then lost due to the tsunami.

Giving Quotation of Marriage Certificate and Birth Certificate

Based on the Court's Decision on a number of Marriage Stipulation applications submitted by the community with the reasons I have described above, all the cases were granted by the Judge. Expression of happiness is clearly visible on the face of the community because it has been undergoing a trial well and he was able to prove past marriage. However, the Court's Decision became the main reference for the government to give Quotation of Marriage Certificate and Child Birth Certificate.

The Head of Aceh Jaya District was present at the program specifically and gave Quotation of Marriage Certificate and Birth Certificate to the community directly. In his appeal, the Regent of Aceh Jaya expressed his gratitude to the people who consciously wanted to fulfill the government's program and he was determined to solve similar problems this year, 200 cases have been waiting for 2018 totally. OMG, my imagine about vacation just fly to sky, but nevermind. I think this is my true service to my country, Indonesia.

Do you know what happened ? 200 cases mean 400 people, every case/couple means there is 2 people (husband and wife). Every cases have 2 witnesses in each case. This is means 400 husband and wife and 400 witnesses must be examined intensely. 800 people with a variety of brands, types and behaviors must I face by still leading to justice. Hopefully I am stay in healthy. Amen

This a pride, Isn't ? Proud to see the public understand the importance of law, proud because the government is very responsive, proud of the cooperation of the Regional Government as an executive able to work together with the Judiciary. Finally...

We are proud to be able do this for the community.

CONCLUSION

I have explained to much, are do you understand ? Yes, you must. The point is that the Marriage Stipulation is related to protect @familyprotection the legal rights for women and children and for man also. So, its become a necessity for us to support the government program. This is a preventive action before something detrimental for women and children especially. Isn't it better to prevent than cure?. With this program, women as a wives have a strong legal basis to obtain their rights, as well as husbands and children also feel the main benefit, because they can obtain recognition as legitimate children from parents and from the state. Lets we protect our family before the law.

I hope this article is useful and hope you to give your opinion or some correction for my article. God bless you and dont forget to protect you family #familyprotection and register your marriage.

My best regard
@khaimi