Constitutional Court (MK) rejected the application of Population Administration Law which petitioned by the Commission for Child Protection (KPAI), Kampus Diakonia Modern Foundation, and Elsafan Foundation, and some other independent agency in the aggregate is 12 organizations, Wednesday (5/6). Court considers the application of the applicant is unreasonable before the law.

Previously, the applicant questioned General Explanation of the phrase in Act 23 of 2006 on Population Administration found in the tenth paragraph, third sentence. General explanation reads, “Recording of Civilian basically also subscribes stelsel active population". Clarification is also a legal basis in the Administrative Law on Population and the reference for the formulation of norms in Population Administration Law.

Norms that govern the recording of basic civil liability burden on residents to register all significant events, including childbirth. According to the applicant, birth certificate manufacturing process should take full responsibility for the country, not only to the policy making process (beleid) alone. The applicant argues that because the government has one and ignore the constitutional rights and rights on a birth certificate TEV onerous responsibility manufacture a birth certificate in hand citizens .

The application of the applicant, the Court considers the events of population, including births, an event that must be reported because data changes imply identity or residency certificate. Each event requires proof of legal residency to do administrating and recording.

In fact the country is obliged to provide protection and recognition of the determination of personal status and legal status of each population and milestone events experienced by the people of Indonesia who are in and / or outside the state.

Further, the Court stated birth registration is a right child. In addition, the country also has the same obligation. However, the country has very limited apparatus, with very wide area coverage, and with a population that is very much unlikely to be able to find one at a birth event that occurred in the region.

"Because of that, it is an obligation for every citizen to report any incident that occurred birth. Recording of birth is not just a note about the birth but also about the broader question of law that is the status of a child. In such case, his parents, guardian, or other person even aware of the event in the case of a parent or guardian is not available. Therefore, it is a justification that, while no state is obliged to register citizens also have an obligation to report the birth event. Thus not an obligation -fetched and policy options in the legislation (Law of Administration Population) profess active stelsel basis," said Judge Maria Farida Indrati read the verdict No. 54/PUU-XI/2013.

The court also held roles as well as all residents to report every incident of population and vital events injuries, including birth, is one form of awareness and concern of citizens in determining the legal status as citizens in the survival, growth, and development, as stated in Article 28B paragraph (2) and Article 28D paragraph (4) of the 1945 Constitution. Therefore, the Court reasoned assess the Applicant is not in accordance with law. (Yusti Nurul Agustin / mh)