THE AMBIGUITY OF USING THE STATEMENT OF ABSOLUTE RESPONSIBILITY BASED ON MINISTER OF HOME AFFAIRS REGULATION NUMBER 109 OF 2019: Study in Dharmasraya Regency, West Sumatra Province, Indonesia

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Introduction
The presence of substantiated evidence for marriage is highly important, 1 and the responsibility for registration rests with husbands, ensuring legal protection for their wives and children. The aim is to foster societal well-being and establish a framework of legal assurance regarding the occurrence.  Marriages are a completeness of administrative requirements, and the validity depends on religious rules. The registration serves as a form of protection for the civil rights of wives and children, such as inheritance rights. In practice, many people do not register their marriages with the Registrar (PPN). Although these marriages hold significant religious significance, they fail to fulfill the essential administrative criteria, resulting in the absence of certificates. In this situation, the husbands and wives cannot engage in legal actions, and their children are only recognized by the state as having civil rights. Therefore, clear regulations are needed to ensure that all marriages are registered with legal implications. 4 Unregistered marriages lack documented evidence of their existence due to noninclusion in official records. The purpose of registration is to achieve welfare and obtain legal certainty regarding the occurrence of a union. 5 However, many people engage in unregistered marriages due to various reasons and limitations. These marriages are selected for their practicality and simplicity, 6  The need for SPTJM arises from the requirement to manage family administrative documents, such as obtaining Birth Certificates to complete the necessary educational records for children. The practice of unregistered marriages using Form F 1.05 leads to various problems in addressing the legal consequences. These problems include a low amount of marriage validation (isbat), lack of legal certainty, the stigma surrounding unregistered marriages, and the attempts to legitimize marital relationships and prevent adultery.
This study aims to explore the meaning contained within Ministry of Home Affairs Regulation Number 109 of 2019 regarding the use of SPTJM concerning unregistered marriages, thereby uncovering the ambiguity in the legal understanding of the resulting meaning within the community and analyzing the legal dualism. 12

Method
The study employed juridical empirical and normative approaches using qualitative methods. Data collection was conducted through interviews, documentation, and observation. there is no need to register the marriages. They consider it troublesome and believe that religious marriages alone are sufficient. 5. Marriage performed by a judge's guardian (unauthorized individual), who is considered a religious figure, is claimed to be valid according to religious beliefs (Interview with a participant in an unregistered marriage, October 28, 2021).

Implications of Unregistered Marriages
Based on observations and information from informants, the number of couples who are engaging in unregistered marriages is proliferating rapidly. 18 According to data obtained from the Civil Registry Office, 22,453 individuals (32.47%) who registered for a family card declared that their marriages were not recorded. 19 A study in the Junjuhan Sub-district indicated that most unregistered marriages fulfill the necessary conditions and requirements, but remained unrecorded. Due to the distance between their residences and the Office of Religious Affairs, they opted to marry through informal means such as Marriage Registrar Assistant officers and community leaders. The registrar did not process their marriage certificates (interviews with individuals committing unregistered marriages). 20  Instances for withdrawing marriage validation applications encompass situations where the applicants have been married for 2 to 3 months and have yet to experience parenthood. 22 In such circumstances, it is advisable to proceed with registering the marriage at the Office of Religious Affairs instead.
There are also many rejected cases, with 9, 10, and 8 in 2019, 2020, and 2021, because of incompatibility with Law Number 1 of 1974 23 on Marriage and the Compilation of Islamic Law. These reasons include underage and elopement marriages, as well as marriages attended by only 1 witness or a guardian who is not the biological father or legal guardian of the bride. generations from committing adultery. 24 Additionally, the community may be reluctant or lazy to process the necessary documents at the Office of Religious Affairs.
Unregistered marriages have significant consequences and problems within the community, particularly for the women involved as wives and children. These issues include difficulties in seeking alimony, obtaining a guardian, inheritance rights, and establishing the lineage of the children. 25 Moreover, there are challenges in dealing with administrative documents such as birth certificates and family cards. Unregistered married couples also face difficulties in accessing government services that require a registered marriage certificate. 26

Discussion
The Minister of Home Affairs regulation governing the management of family cards and birth certificates has caused an ambiguity in the meaning of Law Number 1 of 1974 33 on marriages, specifically Article 2 regarding registration. There is ambiguity in the true meaning of the marriage institution and the origin of children. The existence of the family card encounters numerous obstacles and serves as weak proof to explain the presence of family members since it is unilaterally created through the proof of signature.
The legal position of wives is undermined and marriages do not establish a reciprocal legal relationship of rights and obligations between husbands and wives. The fulfillment of rights and obligations by each party cannot be based on legal claims but is only limited to a goodwill stage by each party. This creates legal ambiguity regarding the origin of children. There is reluctance among the community to seek marriage validation. According to the majority of the community, the issuance of the family card and birth certificate gives the impression that their unregistered marriages are legally recognized according to state regulations 34 . However, family cards and birth certificates cannot serve as evidence to claim rights and obligations arising from invalid marriages.
Furthermore, marriage validation is not a priority for the community, mainly due to its lengthy process. This led to the utilization of SPTJM in civil registration and population administration, 116 provide a lenient approach to serving the community with unregistered marriages, which has resulted in a decrease in interest among the community to seek validation for their unregistered marriages. These fulfill the requirements and conditions for marriages conducted at the Office of Religious Affairs to avoid engaging in illegitimate relationships.
The regulation governing the phrase "unregistered marriages" on the family card is under Minister of Home Affairs Regulation Number 109 of 2019. This aligns with the mandate of Law Number 1 of 1974 regarding marriages, which requires registration. Therefore, the law takes precedence over ministerial regulations. It is proper for the law to be the primary guide in application and action, under the legal principle: Lex Superior Derogat Legi Inferior (that higher regulations override lower regulations). Furthermore, the provision of the SPTJM regarding marital status becomes counterproductive with the Minister of Home Affairs Regulation since the family card recognizes 3 statuses, namely unmarried/married, widow, and widower.
The issuance of the SPTJM serves as evidence for civil registration administration required for children in obtaining birth certificates for education and other purposes. However, it does not fulfill the provisions of Maqasid Shariah in preserving religious values by prohibiting adultery and maintaining lineage. This is because the status of children and the appointment of a guardian for girls born from unregistered marriages become uncertain. This also includes the preservation of property rights since the material rights, such as maintenance, inheritance, and mut'ah in the event of dissolution, are not safeguarded. In addition, SPTJM cannot resolve urgent matters that disrupt the continuity of life. This is related to the lack of maintenance of legal 35 Trisna, Sudiatmaka, and Adnyani, "Implemntasi Peraturan Presiden Nomor 96 Tahun 2018…" certainty regarding the upbringing of children and the rights of wives related to the preservation of religion, lineage, wealth, and honor (maqashid syariah).
The community's practice of engaging in unregistered marriages and using the SPTJM form for family card and birth certificate administration creates legal uncertainty. Information from the Office of Religious Affairs and the Religious Court shows that many unregistered marriages do not fulfill the requirements and conditions, rendering them invalid. Therefore, these marital relationships are equivalent to adultery where Allah SWT equates the act with polytheism (Q.S 24:3), resulting in children born outside of marriages. Couples engaged in unregistered marriages should remarry at the Office of Religious Affairs to legalize their union.
The marriage management information system (SIMKAH) indicates their marital status when they apply for a family card using the SPTJM.
Judicial authorities at the Dhamasraya Religious Court have communicated that legal measures are conducted to reduce the prevalence of unregistered marriages and the utilization of SPTJM (Certificate of Marriage Solemnization) for population administration purposes.
These efforts encompass empowering communities and the media, promoting the dissemination of regulations and informational resources on marriages. The measures aim to address the concerns of unregistered marriages that undermine the legal foundations of valid marriages under positive and Islamic family law.
Based on the Minister of Home Affairs Regulation Number 9 of 2016, 35 when 2 individuals enter into an unregistered marriage, a Family Card can be obtained by completing and attaching the SPTJM. Therefore, their marriage is administratively 117 "legal" (recognized by the government), as evidenced by the marital status mentioned on their identity card (KTP) or unregistered marriage on the Family Card (KK). The legal status resulting from the SPTJM holds no legal force and is not recognized by government agencies other than the Ministry of Home Affairs.
The emergence of a new marital status known as unregistered marriages is based on the Minister of Home Affairs Regulation Number 118 of 2017 concerning Family Card Blanks, Registration, and Quotation of Civil Registry Certificate, which is a follow-up to the Minister of Home Affairs Regulation Number 9 of 2016. This status is included in the SIAK (Population Administration Information System) version 7. The implementation of the population database transition to SIAK 7 has created a discrepancy within the marriage registration system. This discrepancy contradicts the purpose of the marriage registration system to establish legal order and provide certainty through marriage evidence. It conflicts with the obligation of marriage registration as outlined in Article 2, Paragraph 2 of Law Number 1/1974 and Article 2 of Government Regulation 9/1975 on the Implementation of Law Number 1/1974 on Marriages. Consequently, this situation has resulted in an unclear understanding of the rules governing marital status, leading to a sense of ambiguity and uncertainty.
For unregistered marriages recorded by the Civil Registry, the community may be ambiguous since their marriages are already legal 36 . The individuals involved believe that their marriages are recognized by the state. By fully using the existing rules and regulations, they perceive no necessity for 36  The marriage validation only regulates 4 aspects, such as marriages before the enactment of Law Number 1 of 1974, the loss of marriage certificates, marriages carried out to settle divorce, and doubts about the validity of requirement. However, due to social developments, Supreme Court Regulation Number 1 of 2015 was issued, which permits validation as stipulated in Article 7 Paragraph (3) Letter e of the Compilation of Islamic Law (KHI). This law allows the submission of validation for individuals without legal impediments to marriages according to Law Number 1/1974. 38 Secondly, remarriage at the Office of Religious Affairs, after completing the necessary registration process, is allowed provided the concept remains in compliance with the prevailing rules and provisions. The registration cannot be backdated and should be based on the actual date. Children who are already born become a risk and have a deterrent effect on couples involved in unregistered marriages.
By implementing these measures to their maximum extent, the administrative order within various state institutions will be upheld. Consequently, the occurrence of unregistered marriages will be eliminated.

Conclusion
In conclusion, based on the Minister of Home Affairs Regulation Number 109 of 2019, couples in unregistered marriages were able to process their population administration according to existing regulations by attaching the SPTJM. This phenomenon led to a weakening of the Marriage Validation Institution since it was underutilized by the community. Furthermore, the community considered their marriages legal to handle Family Cards and children's Birth Certificates. Despite having a family card, it could not replace a marriage certificate as proof of the marriage's legal status .
The issuance of a single birth certificate is under Islamic law and serves as legal certainty for children born outside of valid marriages. From an Islamic legal perspective, children born outside of valid marriages only have lineage to their mothers. This was based on the concept of maqasid al-shariah to protect lineage (hifz al-nasal). Therefore, there was certainty in the status of children who only have lineage to their mothers. It also served as protection for property ownership (hifz almal) since the issuance of a single birth certificate establishes their position as heirs.
A birth certificate with a marriage record was not recognized by the law as a protection for lineage (hifz al-nasal), which provided clear and definite proof of the children's legitimate status. It also served as protection for property ownership (hifz al-mal), thereby ensuring their position as heirs. SPTJM did not legalize or have legal force regarding the consequences of marriages. Unregistered marriages that fulfilled the pillars and requirements should be officially registered with the Religious Court, while invalid marriages should be solemnized at the Office of Religious Affairs. SPTJM did not address urgent matters that disrupt the continuity of life. This was related to the lack of preservation of legal certainty in the lives of children and wives regarding the preservation of religion, lineage, property, and honor (maqasid al-shariah). SPTJM created a significant loophole that contributed to the increase of unregistered marriages within society.