Birth registration an important step in recognising the rights of a child
Registering a birth is the legal acknowledgement of a person’s existence. It enables a child to gain a birth certificate, establishes the child’s family ties, and tracks life’s major milestones from birth through marriage and death. Without a birth certificate, a child cannot, for example, access public services such as education and health services. Birth registration also helps the Government to track the country’s demographic statistics, and comprehensive data means more accurate planning and implementation of development policies and programs. However, more than 60% of the 80 million Indonesian children born in the last eight years do not have birth certificates. Nationwide, an estimated 47% of Indonesian children under the age of five years are uncounted for in official statistics, and are therefore not officially recognised.
In Indonesia, birth certificates are issued at no cost so long as they are obtained within 60 days after the birth. But for children over the age of one year, a court determination must first be obtained from the District Court before a birth certificate can be issued by the Civil Registry. 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 to many, not just the poor.
To help address the issue, the Supreme Court of Indonesia issued a decree (SEMA No 6 of 2012) in September that simplifies and facilitates the process for obtaining birth certificate statements for children over the age of one year. AIPJ played a key role in supporting this initiative by funding the consultations that informed the content of the SEMA, and the experts who preparedthe SEMA in collaboration with the Court. Groups of applicants can now collectively apply for birth certificate statements, including through circuit courts (sidangkeliling), and the Decree provides a foundation for District Courts and Civil Registries tocollaborate to ensure a ‘one stop’ service where birth certificates can be issued on the same day the 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, an essential pre-requisite for accessing basic services.
See also News Highlights section below for references to media reports on the issue.
