Open AccessDynamics of the Obligation to Register Birth Certificates as a part of the Right to Issuance Population Documents
Author(s) -
Winda Wijayanti
Publication year - 2017
Publication title -
constitutional review
Language(s) - English
Resource type - Journals
eISSN - 2548-3870
pISSN - 2460-0016
DOI - 10.31078/consrev224
Subject(s) - birth certificate , principle of legality , obligation , population , complaint , constitutional right , law , government (linguistics) , state (computer science) , administrative court , constitutional court , business , certificate , damages , political science , medicine , supreme court , environmental health , constitution , linguistics , philosophy , algorithm , computer science
The state is obliged to protect and recognise the legality of a person’s birth. Registration of birth in the form of a birth certificate is proof of one’s origin issued by the competent authorities. However, in practice, the time limit of one year given for such registration has proven a burden to citizens, such that complaint of constitutional damages has been brought before the Constitutional Court of Indonesia. Population administration is regulated under Act Number 23, Number 23 Year 2006 and amended by Act Number 24, Number 24 Year 2013 in accordance with Constitutional Court Decision 18/PUU-XI/2013. In order to take an active role in the registration of births, the government and local governments have to remove the deadline to report the birth of a child, as stipulated by the district court and as an effort to improve state responsibility. This requires that citizens have the "right to be heard" and, in future, there should be an integrated service from the government for the registration of births.