Among State Authorities in Providing Services to The Public: A Study on the Registration of Unregistered Marriages in Jakarta

Abstract

The phenomenon of the registration of unregistered marriages in Jakarta highlights the ambiguity of authority between the Office of Religious Affairs (KUA) and the Religious Court as two institutions responsible for the administrative and legalization functions of marriage. Although formal regulations under the Marriage Law and the Compilation of Islamic Law stipulate that the legalization of unregistered marriages must be carried out through the isbat nikah mechanism at the Religious Court, practice on the ground shows that many KUAs register unregistered marriages through a renewed marriage contract or administrative verification without a court ruling. This study aims to analyze the causes of this policy ambiguity and its impact on public services and legal certainty. Using a qualitative research method with in-depth interviews with KUA heads, KUA staff, those involved in nikah siri, Religious Court judges, academics specializing in Islamic family law, and members of the MUI Fatwa Commission, this study found that the ambiguity of the policy stems from the discretion of KUA staff, variations in registration procedures and marriage contracts, as well as the role of the local village administration as either an enabler or an administrative obstacle. This ambiguity of authority has led to weak legal certainty, a decline in the quality of public services, and increased vulnerability of women and children in accessing legal protection. This study recommends the harmonization of technical guidelines and inter-agency coordination to achieve a uniform, accountable, and equitable marriage registration system.