One of the services that fell into the spotlight is the marriage registration service at KUA. This Regulation is then followed by the Regulation of the Minister of Religious Affairs no. 24/2014 on the Management of Non-Tax Income from Marriage and Reconciliation Fees outside KUA. No.
More details on marriage and reconciliation fees are then regulated in the Decree of the Director General for the Guidance of Islamic Society no. 24/2014 on the management of non-tax revenues from marriage and reconciliation fees outside the Office of Religious Affairs. DJ.II/748/2014 on technical guidelines for the management of non-tax revenues from marriage or reconciliation fees outside the Office of Religious Affairs, the KUA can use 80% of the marriage registration fees, 20% of which is deposited in the state treasury.
Better Access to Justice: Simpler Bureaucracy in Marriage Registration
The use of web-based marriage administration is regulated by the Minister of Religious Affairs Regulation No. 20/2019 on Marriage Registration and the Decree of the Minister of Religious Affairs on website-based wedding information system. SIMKAH launched by the Ministry of Religious Affairs is a follow-up to the Memorandum of Understanding between the Minister of Religious Affairs and the Minister of Interior No. Ministry of Religious Affairs.
Second, printing the marriage certificate will automatically generate a QR code linked to the app. The documents are useful in case the certificate needs to be reprinted due to damage or loss of the original. In this regulation, AMRs refer to certain members of the community, who are religious leaders, appointed by the head of the Office of the Ministry of Religious Affairs at the regency level.
In this circular, the AMR system is abolished and all the work of KUA becomes the full responsibility of KUA. However, the regulation does not mention the role, rights and participation of AMR in matrimonial matters. In 2018, the Ministry of Religious Affairs reissued the Regulation of the Minister of Religious Affairs No.
This regulation confirms the existence and position of AMR by changing its name to Assistant to Marriage Registration Officers (AMRO). According to the regulation, AMRO is a member of the community appointed by the Ministry of Religious Affairs head at regent level to assist marriage registrar duties.
Changes to the Institutional Paradigm
According to Ernes Dale, an organizational structure must have: a) a work list to achieve organizational goals; b) division of the workload into tasks or commonly known as division of labour; c) departmental distribution or combination of tasks logically and efficiently; d) establishment of coordination mechanisms; e) monitoring system to ensure the effectiveness of the organizational structure and recommend adjustments (if necessary).45. In KUA's bureaucratic reform, the Ministry of Religion assesses the aspects to change the institutional paradigm. The Minister of Religious Affairs Regulation No. 34/2016 on the KUA's organizational structure indicates the institutional restructuring.
There are three significant points in the restructuring process: 1) the statute of limitations for the head of the KUA position, with a maximum of four years;46 2) the KUA heads' supervision of the advisers' functional position, which was previously the head of the director. -General of the Guidance of Islamic Society at the regent level;47 and 3) details of additional duties of the KUA apart from marriage registration, such as waqf (endowment) and zakat (alms) guidance, hisab (calculation to determine new moons in the Hijra system) and rukyat (moon sighting to determine new moons in the Hijra system), shari'a guidance. cerita-sukses-rb/transformasi-organisai-pemerintahan-melalui-penataan-struktur-dan- penanganan-badaya-kerja, accessed 14 March 2021. 46 See article 7, paragraph 1 of the Minister of Religious Affairs' regulation no. on organizational structure of the Office of Religious Affairs. 47 See Article 11 of the Minister of Religious Affairs Regulation No. 34/2016 on the Organizational Structure of the Office of Religious Affairs.
The Decree of the Director General of the Guidance of Islamic Society No. 916/2017 establishes the limitation for the term of service of the head of the KUA, which is only four years. The next issue concerns the transfer of powers from the head of the Director General of the Office of Guidance of the Islamic Association at the regency level to the head of the KUA. This is problematic because the law does not determine the line of command from the head of the KUA to the advisors.
However, the regulation does not explain the relationship between the counselors and the head of office. 48 Article 2 of the Minister of Religious Affairs Regulation No. 34/2016 states that the Office of Religious Affairs at the Sub-District level has the tasks of carrying out Islamic community services and guidance in its work area.
Bottom-up Approach to KUA Reform: The Case of KUA Denpasar
KUA in East Denpasar has maximized the use of social media to promote every activity carried out by the office. If the parties cannot visit KUA themselves, they must present a power of attorney, which must be filed by their representatives. On the other hand, the East Denpasar KUA replicates some of the innovations of the South Denpasar KUA.
South Denpasar KUA was formerly known as KUA Denpasar and is located in the southern part of Denpasar. To deal with this issue, South Denpasar KUA develops an innovation to facilitate people registering their marriage, called La Ta'ban. This program was inspired by the theme chosen at KUA's 71st anniversary, "Reaching People to Serve."
For this program implementation, the KUA provides chairs and tables outside the office – similar to a café – and refreshments for visitors during the conversation with the staff. In terms of service delivery in the KUA, the office has used a new queuing mechanism. Achmad Nur Khomeiny, head of the South Denpasar KUA Office, said: “During the visit to the KUA, we sometimes make people have to wait in line.
This has solved common problems in manual service: loss and damage of waqf documents. The KUA thus maintains both scenarios, manual and digital, for service excellence.
Bureaucratic Reform of Islamic Legal Administration
As Hisyam noted, integrity issues have been a problem since the colonial era, as the penghulu relied on marriage fees and mosque funds for income. Van Huis and Wirastri point out that at least three factors lead to people's reluctance to register their marriages. This includes their lack of knowledge and awareness of the legal consequences of the unregistered marriage; the financial issues due to the high rate of 'unofficial' marriage administration;59 and ideological reasons that marriage without registration is valid according to Islamic law.60 Like Van Huis and Wirastri, Nurlaelawati and Alimin see the financial issue as one of the causes.
According to Nisa, this is the result of the ambiguity of the existing regulations on the obligations to register a marriage and the sanction for. 59 Nurlaelawati, “Islamic Justice in Indonesia: Family Law Reform and Legal Practice in Religious Courts”; Sumner and Lindsey, Courting Reform; Stijn Van Huis and Theresia Dyah Wirastri, "Muslim Marriage Registration in Indonesia: Revised Marriage Registration Laws Cannot Overcome Compliance Flaws", Australian Journal of Asian Law, vol. Therefore, Van Huis and Wirastri argue that the marriage should only involve paid KUA staff, and P3Ns should be released so that they become civil servants.63 This is expected to prevent illegal levies.
This study argues that the new policies on marriage fees can be a breakthrough in solving the integrity and corruption problem in KUA. The example of innovative programs developed by KUA offices in Bali has undoubtedly brought them to become one of the best KUA models. Such innovations can be considered as the bottom-up approach to the KUA's reform of the marriage administration by considering local wisdom.
To some extent, society began to engage in the reform efforts that Jackson had previously missed.64. However, one concern with the bottom-up approach is that reform efforts appear to be sporadic and unsystematic.
Concluding Remarks
Jahar, Asep Saepudin, “Birokratisasi Syariah di Indonesia Modern: Kasus Zakat, Wakaf dan Hukum Keluarga,” Studia Islamika, vol. Kemenag: Bangun Integritas, Kasus Pungli KUA Jangan Terulang,” 1 November 2019, https://kemenag.go.id/read/kemenag-bangun-integritas-case-pungli-kua-jangan-terulang - ggele , diakses 15 Februari 2021 Nisa, Eva F., “Birokratisasi Pernikahan Muslim di Indonesia”, Jurnal Hukum dan Agama, vol.
Nurlaelawati, Euis, “Mengelola Masalah Keluarga: Ciri-ciri Unik Reformasi Hukum di Indonesia,” dalam Islam di Indonesia: Membandingkan Gambar dan Interpretasi, ed.Keadilan Islam di Indonesia: Reformasi Hukum Keluarga dan Praktik Hukum di Pengadilan Agama”, Asia -Pasifik Buletin Pusat Penelitian, vol. Provinsi Bali Peringkat I KUA Teladan Nasional 2018”, Kementerian Agama RI, https://kemenag.go.id/berita/read/508458/provinsibali-peringkat-i-kua-teladan-nasional-2018, diakses pada 14 Maret 2021.
Religious': The Politics of Judicialization and Bureaucratization in India and Indonesia”, Comparative Studies in Society and History, vol. Sumner, Cate and Timothy Lindsey, Court Reform: Indonesia's Islamic Courts and Justice for the Poor, 1st ed., Sydney: Lowy Inst. Usman, Rachmadi, Aspek-Aspek Hukum Perorangan & Kekeluarganan di Indonesia, first edition, Jakarta: Sinar Grafika, 2006.
Van Huis, Stijn dan Theresia Dyah Wirastri, “Pencatatan Pernikahan Muslim di Indonesia: Revisi Undang-undang Pencatatan Pernikahan Tidak Dapat Mengatasi Kelemahan Kepatuhan”, Australian Journal of Asian Law, vol. Witjaksono, Hendro, 'Transformasi Organisasi Pemerintahan Melalui Penataan Struktural dan Pengembangan Tenaga Kerja', Kementerian Pendayagunaan Aparatur Negara dan Reformasi Birokrasi, 15 Agustus 2016, https://www.menpan.go.id/site/cerita-sukses-rb/ .
