Birth Certificate Assistance

Description

“Every child from birth has the right to a name and nationality status.” (Article 53, paragraph 2, Human Rights Law)

The first right of a child after birth is their identity, which includes their name, parentage (lineage), and nationality, documented in the form of a birth certificate. This right determines the recognition, fulfillment, and protection of other rights for the child, such as civil rights (inheritance and alimony), access to education, healthcare, and others. The right to a birth certificate is guaranteed by Law No. 39 of 1999 on Human Rights, Law No. 23 of 2002 on Child Protection, Law No. 12 of 2006 on Nationality, and Law No. 23 of 2006 on Population Administration.

However, the fact remains that many Indonesian children do not have their identity recorded in a birth certificate. Without proper registration, their existence is legally considered nonexistent. This situation often occurs not only due to lack of awareness about the importance of birth certificates, unaffordable costs, and lengthy procedures, but also due to discriminatory attitudes towards those who are seen as different from the majority.

In Indonesia, birth registration is indirectly derived from marriage registration. The issue arises when some marriages cannot be registered due to differing interpretations of the law, such as the case faced by adherents of belief in the One Supreme God. Their beliefs are not recognized by the state, leading to difficulties in obtaining marriage documents. Consequently, children born in such circumstances face challenges in obtaining birth certificates. In cases where birth certificates are obtained, the child’s status is considered as born out of wedlock, and the father’s name is not included in the certificate. As a result, the child only has legal relations with the mother concerning inheritance, alimony, and other rights. Therefore, those who come from different values, morals, and dominant ideologies in the country face various forms of discrimination in society.

With the enactment of the Civil Administration Law (UU Adminduk) and the guarantee of marriage registration for adherents, every child born to adherents is entitled to receive a birth certificate. Below is information related to birth registration.

When should a birth event be reported?

Law No. 23 of 2006 on Population Administration stipulates that every birth must be reported by residents to the implementing agency at the place of birth within a maximum of 60 (sixty) working days for Indonesian citizens and 10 (ten) working days for foreigners from the date of birth. For stillbirths, the report must be made within a maximum of 30 (thirty) days after the occurrence. The reporting time limit will determine the type of birth certificate issued and the procedural requirements. If the registration exceeds one year, it will be conducted based on a court decision.

What are the types of birth certificates?

Birth certificates are classified based on the time of birth registration. However, all three types of birth certificates hold the same legal validity. The three types of birth certificates are as follows:

1. General Birth Certificate: issued based on a birth report made within a maximum of 60 (sixty) working days for Indonesian citizens and 10 (ten) working days for foreigners from the date of birth.
2. Special Birth Certificate: issued based on a birth report made beyond 60 (sixty) working days for Indonesian citizens and 10 (ten) working days for foreigners from the date of birth.
3. Dispensation Birth Certificate: issued based on a Government Program to provide facilitation for those born before December 31, 1985, with delayed birth registration.

How to obtain a birth certificate?

Birth certificates are issued by the Department of Civil Registration and Civil Records of the Regency/City. The requirements for obtaining a birth certificate are as follows:

1. Birth Certificate from the Hospital, Doctor, Midwife, Pilot, or Ship Captain
2. Proof of Marriage of the Parents
3. Birth Certificate from the Local Sub-district Head (Lurah)
4. Photocopy of Family Card/Citizenship ID Card legalized by the Local Sub-district Head (Lurah)

What about birth certificates for children with unknown parents?

For children with unknown parents and origin, such as abandoned children, their birth registration is based on the report of the person who found them, along with a Police Examination Report (Berita Acara Pemeriksaan – BAP).

We understand your busy schedule and are here to help you with the necessary documents. With our experienced staff, we are ready to assist you.

The prices listed are for Bali, especially in the Badung area. Prices in other regions may vary depending on the complexity and intricacy of the documents. Please consult with our staff first for more accurate and specific pricing information tailored to your location and document requirements.