Customary Community Complains to Court
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Constitutional Court’s Chief Justice Moh Mahfud MD accompanied by its Vice Chief Justice Achmad Sodiki and the Secretary General Janedjri M Gaffar received the customary community in the Delegation room on 15th Floor (4/10) of The Constitutional Court’s Building


Jakarta, MKOnline – Law Number 23 Year 2006 regarding Population Administration (Population Administration Law) does not embrace customary communities. This complaint was expressed by the Chief of Sunda Wiwitan Community, Mbah Jati together with ICRP (Indonesian Conference on Religion and Peace) when meeting the Chief Justice of the Constitutional Court (The Court) Moh. Mahfud MD on Monday (4/10) in the Delegation Room of the Court.  Mahfud who was accompanied by the Court’s Vice Chief Justice Achmad Sodiki and the Secretary General MK Janedjri M Gaffar gave a good response to the visit representing 2 other customary communities namely Singkep Customary Community and Indramayu Dayak Customary Community.

“We find it difficult to process all population administration needs such as Resident Identity Cards (KTP), Deeds of Birth for our children because we are not included in the six religions recognized by the Government. Meanwhile, Deeds of Birth are important as the requirement for children to go to school. We consider our civil right has been violated,” said Mbah Jati.

Mbah Jati described that customary communities had distinctive ways of marriage while the Government stipulated that marriages had to be registered with the Civil Registry Office in accordance with the 6 religions recognized by the Government. “Thus, even if some people could make deeds of birth for their children, only the name of the mother would be included just like for extramarital children while each of them had both parents and the parents had married in a customary way,” he described.

In response to the issue, Mahfud explained that the Court would try to facilitate that this issue be communicated directly to the Department of Home Affairs (Depdagri) in charge of the implementation of this Population Administration Law. “The Court does not have authority to supervise the implementation of a Law in the field such as the issue of implementation of this Population Administration Law. However, the Constitutional Court as the guardian of the Constitution will make efforts to facilitate a closed discussion between customary communities and Depdagri which we well conduct in the Court,” asserted Mahfud. (Lulu Anjarsari/Yoga)


Monday, October 04, 2010 | 14:56 WIB 319