Birth registration an important step in recognising the rights of a child
Registering a birth is the legal acknowledgement of a child’s existence. It enables them to gain a birth certificate, establishes the child’s family ties, and tracks life’s major milestones from birth through to marriage and death. Without a birth certificate, a child cannot access public services, such as education and health. Birth registration also helps the government to track the country’s demographics, and comprehensive data means more accurate planning and implementation of development policies and programs. However, more than 60% of Indonesia’s 80 million children born in the last eight years do not have a birth certificate. Nationwide, an estimated 47% of Indonesian children under five years of age are uncounted for in official statistics, and are therefore not formally recognised.
Birth certificates are issued at no cost if they are obtained within 60 days of birth in Indonesia. However, for children over the age of one year, a court determination must be obtained from the District Court before the Civil Registry can issue a birth certificate. Many Indonesians are not aware of this requirement or the process it entails. The cost of going to Court is alsoa deterrent for poor families, and the complexity of obtaining a birth certificate statement through the Court is a disincentive for many, not just the poor.
In September to help address the issue, the Supreme Court of Indonesia issued a decree (SEMA No 6 of 2012) that simplifies and facilitates the process of obtaining birth certificate statements for children over the age of one year. AIPJ played a key role in supporting this initiative by funding consultations that informed the SEMA content, and the experts who preparedit in collaboration with the Court. Groups of applicants can now collectively apply for birth certificate statements, including via circuit courts (sidangkeliling). The Decree provides a foundation for District Courts and Civil Registries todeliver a ‘one stop’ service where birth certificates can be issued on the same day a court determination is made. Those who cannot afford the court fee can also apply for a fee waiver.
AIPJ is currently designing a comprehensive, long-term program to make it easier, especially for poor children and women to obtain legal identity through birth, marriage and divorce certificates. These areprerequisites for accessing basic services within the country.
See News Highlights section below for references to media reports on the issue.
