www.dfat.gov.au AIPJ BASELINE STUDY ON LEGAL IDENTITY INDONESIA’S MISSING MILLIONS The AIPJ Legal Identity Baseline Study was coordinated and written by: Cate Sumner, AIPJ Lead Adviser, Legal Identity Program Santi Kusumaningrum, Co-Director, PUSKAPA UI Research and Analytical Teams: AIPJ Legal Identity Team Wahyu Widiana, AIPJ Senior Adviser, Legal Identity Program Hilda Suherman, Coordinator, Legal Identity Program Cate Sumner, AIPJ Lead Adviser, Legal Identity Program PUSKAPA Research Team Lead by: Santi Kusumaningrum Irwanto Rahmadi Wenny Wandasari Putu Duff Michelle Jackson Mas’ud Suharti Azhar Zaini Ahmad Abdan Syakur Mahmudah Kalla Fauziah Tiada Rama Adiputra Prisila Riski Craig Spencer Mackenzie Lawrence W S Libby Ratuarat Noldi Todu Hungu Emanual Suban Wujon Timoriyani Samauna Relisius Hayon Berkhman Gromang Firkan Maulana Harriz Jati Bahrul Fuad Matt MacFarlane Lilith Pope Ilah Asti Januarti Raita Kurniadewi Ary Bariyaldi Gunawan Ni Luh Putu Maitra Agastya Muhammad Jaedi PEKKA Research Team Lead by: Nani Zulminarni (National Coordinator) Kodar Tri Wusananingsih (Program Coordinator) Included: National Secretariat PEKKA team Regional Secretariat PEKKA teams SMERU team Family Court of Australia Team Leisha Lister, Executive Advisor William Crawford, Statistical Services Unit (C) 2014, DFAT (Australian Aid), PEKKA and PUSKAPA UI Cover Photo: Cate Sumner. Students at Madrasah Tsanawiyah Swasta, MPI Bagan Asahan, Tanjung Balai, North Sumatra. In 2013, 88% of students at this school did not have birth certifi cates. AIPJ BASELINE STUDY ON LEGAL IDENTITY INDONESIA’S MISSING MILLIONS 100 girls Living in households with an income in the bottom 30% in their province. 26 girls have a birth certifi cate before they turn one year of age. 43 girls have a birth certifi cate before they turn 18 years of age. 25 girls are married at 18 years or younger. 24 of these 25 girls do not have a birth certifi cate. Schools discourage married girls from continuing their mandatory 12 years of education. Almost none (3/1000) of these girls will complete 12 years of education. 19 girls are married at 17 years of age or younger. 18 of these 19 girls do not have a birth certifi cate. Almost none (1/1000) of these girls will complete 12 years of education. 13 girls are married at 16 years of age or younger. 12 of these 13 girls do not have a birth certifi cate. Almost none (1/1000) of these girls will complete 12 years of education. 9 girls are married at 15 years of age or younger. None have a birth certifi cate. Only 3 of these girls will have a marriage certifi cate. None of these girls will complete 12 years of education. The majority of couples (55%) do not obtain a marriage certifi cate from the civil registry or KUA. 75% of children from these couples do not have a birth certifi cate. Children can only obtain a birth certifi cate with both parents’ names on it if a valid marriage certifi cate is presented to the civil registry offi ce. 16 women aged 19-291 fi nish 12 years of education in Indonesia. Only 1 of the 16 will have married under the age of 18 years. Only 10% of women aged 19-29 without a birth certifi cate have completed 12 years of education. 36% of women aged 19-29 who have a birth certifi cate have completed 12 years of education. 62 women aged 19-29 have not progressed beyond primary school. Parents who do not have birth certifi cates are three times more likely to have children who do not have birth certifi cates, demonstrating that a lack of legal identity is passed along generations. Source: PEKKA household survey 2012 1 Taking a snapshot of highest educational attainment for boys and girls aged between 19-29 shows a more accurate picture of current opportunities for girls and boys. When the population is enlarged to all men and women aged 19 years and over, the level of educational attainment diminishes considerably as the majority of the older population in Indonesia did not complete primary school. 100 boys Living in households with an income in the bottom 30% in their province. 32 boys have a birth certifi cate before they turn one year of age. 42 boys have a birth certifi cate before they turn 18 years of age. 4 boys are married at 18 years or younger. 2 boys are married at 17 years of age or younger. 1 boy is married at 16 years of age or younger. No boys are married at 15 years of age or younger. The Convention on the Rights of the Child (signed by Indonesia in 1990) states that every individual under the age of 18 is a child. The earlier Indonesian Marriage Law (UU1/1975) states that the legal age for marriage is 19 for men and 16 for girls. 15 men aged 19-29 fi nish 12 years of education in Indonesia. None of these men will be married at 18 years or younger. Only 9% of men aged 19-29 without a birth certifi cate have completed 12 years of education. 33% of men aged 19-29 who have a birth certifi cate have completed 12 years of education. 65 men aged 19-29 have not progressed beyond primary school. Children with parents or guardians that have no apparent disability are fi ve times more likely to have a birth certifi cate compared to children with parents who have apparent physical disabilities. Post 2015 MDG Agenda Proposed Goal 10: ENSURE GOOD GOVERNANCE AND EFFECTIVE INSTITUTIONS Provide free and universal legal identity, such as birth registrations “Government is responsible for maintaining many of society’s central institutions. One of the most basic institutional responsibilities is providing legal identity. Every year, about 50 million births are not registered anywhere, so these children do not have a legal identity. That condemns them to anonymity, and often to being marginalized, because simple activities – from opening a bank account to attending a good school – often require a legal identity.” From the Report of the High-Level Panel of Eminent Persons on the Post-2015 Development Agenda (2013). The three Co-Chairs of the High-Level Panel of Eminent Persons on the Post-2015 Development Agenda are Dr Susilo Bambang Yudhoyono, President of Indonesia; Ellen Johnson Sirleaf, President of Liberia; and David Cameron MP, Prime Minister of the United Kingdom. Three reasons why legal identity is critical to Indonesia’s development RIGHTS Indonesia is a signatory to international human rights treaties that guarantee every person the right to a legal identity. The 2013 report of the High-Level Panel of Eminent Persons on the Post- 2015 Development Agenda proposed under the new MDG goal 10: Ensure Good Governance and Effective Institutions that States provide free and universal legal identity, such as birth registrations. IMPACT DATA Lack of a birth certifi cate is Better data= better development overwhelmingly linked to child outcomes for Indonesian children, marriages in Indonesia. women and men. Schools currently discourage married With the exception of the census girls and boys from continuing their year that occurs once every ten education. years, GoI lacks accurate data to Children with a birth certifi cate have effectively plan, budget and deliver better access to basic health services. health and education services to Better educational outcomes children as currently between 50- identifi ed for children with birth 75% of Indonesian children do not certifi cates. have birth certifi cates. Legal identity documents (such as a birth certifi cate or KTP) are necessary for: enrolling to vote employment in the public or private sector to obtain a passport to work overseas as a migrant worker to access social protection programs Table of Contents Foreword from Deputy Minister for National Development Planning (Politics, Law, Defence and Security) page ix Acknowledgments page xi List of Abbreviations page xii Executive Summary page 1 Key Messages page 9 Key Findings page 13 Introduction to the Baseline Study on Legal Identity page 21 Legal Identity Documents: Who Has What? page 33 The Impact of Legal Identity: Does It Matter? page 47 How Citizens Obtain Legal Identity Documents and the Barriers Faced by Many page 59 Governmental and Judicial Agencies: Systems and Processes page 75 Conclusion: Key Findings and Recommendations page 91 References page 102 vi AIPJ BASELINE STUDY ON LEGAL IDENTITY INDONESIA’S MISSING MILLIONS List of Charts page Chart 4.1: Reasons Given for Children not Having a Birth Certifi cate (PUSKAPA Survey) 69 Chart 4.2: How people arrange birth certifi cates for their children 70 Chart 4.3: How People arrange their marriage certifi cates 70 Chart 4.4: Baseline Survey: “Middlemen” in Birth Certifi cate & Marriage Certifi cate by 71 Percentage List of Boxes Box 3.1: For women, men and children alike, evidence of legal marriage and divorce has a 56 critical impact on many areas of social and economic development, including: List of Tables Table 1.1: Locations and population size in SPKBK survey sample 27 Table 1.2: Randomly selected intervention- and non-intervention sites for West Java, East 29 Nusa Tenggara (NTT) and West Nusa Tenggara (NTB) Table 2.1: Percentage of the population living below the village-based Indonesian poverty line 34 Table 2.2: Children with and without birth certifi cates 35 Table 2.3: Proportion of Children without birth certifi cates based on income quintiles 36 Table 2.4: Percentage of Children Without Birth Certifi cates in Rural and Urban Areas 36 Table 2.5: SUSENAS 2012 Estimate (%) of Birth Certifi cate Ownership based on Age Group 37 Table 2.6: Percentage of 0-1 year olds with a birth certifi cate compared with the number of 38 live births in the previous year Table 2.7: PEKKA Survey: Children