Implementation of Regulation of the Minister of Religious Affairs Number 20 of 2019 in the Practice of Changing the Biodata of the Marriage Certificate in Krian District

Purpose – This study aims to determine the practice of resolving changes in the biodata of marriage certificates at the Office of Religious Affairs (KUA) in the KUA of Krian District, Sidoarjo Regency, besides that the author also wants to know what obstacles occur in the settlement of changes in marriage certificates after the issuance of Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration. Methods – This research uses empirical juridical methods with a socio-legal approach. And in collecting data the author uses interview techniques, documentation, observation, literature study and internet searching. Data analysis is done in three ways, namely data reduction, data presentation, and drawing conclusions or verification.. Findings – The results showed that in the practice of resolving changes in the biodata of marriage certificates at the KUA Krian District, Sidoarjo Regency was not fully in accordance with the Regulation of the Minister of Religion No. 20 of 2019 concerning Marriage Registration. This is due to the absence of the latest birth certificate and certificate issued by the population and civil registration office as the basis for the KUA in changing the biodata of the marriage certificate. Research


Introduction
Modern humans in carrying out their activities, especially those concerning sociocultural aspects, cannot be separated from the records they make or documents to obtain legal certainty.Therefore, this is important, starting from the aspects of birth, death, even to the issue of marriage, it cannot be separated from a document or deed which is treated 52 as a reinforcement for legal certainty.Because only with a written deed or document can something be held accountable for its absolute validity.Because if it is only based on memories, sometimes humans can forget or even avoid when a legal conflict occurs.Islamic law does not explicitly regulate marriage registration.However, the principle of recording marriage events is in line with and is equated with recording in mudayanah activities which in certain situations are ordered to be recorded.As contained in Q.S Al-Baqarah (2: 282).

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Meaning: O you who have believed, when you contract a debt for a specified term, write it down.And let a scribe write [it] between you in justice. 1 In that case, in the past, the imams of the madhhab also did not discuss the issue of marriage registration, apart from the fact that there was no evidence to recommend it, marriage registration was not seen as something very important and at the same time it was not used as an authentic evidence of a marriage. 2They only stipulate 5 pillars of marriage: groom, bride, Wali Nikah, two witnesses, and sighat ijab qabul. 3Although the context of marriage registration is not explained in the Quran about the importance of marriage registration, but we as Indonesian citizens, Muslims are required to be good citizens, obey the laws and regulations in force in Indonesia regarding the obligation to register marriage, we should carry it out.Moreover, if we look at the definition of marriage according to article 1 of Law Number (1) of 1974 concerning Marriage, it has been explained that marriage is a relationship which in its implementation is physically and mentally carried out between a man and a woman in order to become a legal husband and wife, and aims to build an eternal and happy family based on the Almighty God. 4 Marriage or marriage is basically to provide legality for the relationship between a man and a woman as stated in the applicable laws and religious guidance.According to article 2 paragraph (2) of Law Number 1 of 1974 concerning marriage, it is explained that every marriage is recorded in accordance with the applicable laws and regulations.each party if any party feels that they have suffered losses from the marriage bond to fight for their rights. 8 practice, it is not uncommon for marriage registration to contain errors in the biodata of marriage certificate extracts that can hinder the processing of other state administration.Omissions and errors in writing the marriage certificate biodata need to be updated. 9Omissions and errors in writing the biodata of the marriage certificate need to be updated.Because it is a form of authentic evidence of the validity of the marriage certificate in Indonesia.Which in this case is issued directly by the authorised agency, namely the Office of Religious Affairs for people who are Muslims as regulated in Article 2 paragraph (1) of Government Regulation No. 9 of 1975 concerning the implementation of Law No.1 of 1974 and for those other than Muslims, it is issued directly by the Population and Civil This provision is also in line with the Law of the Republic of Indonesia Number 1 of 1974 article 2 paragraph (2) concerning marriage.In essence, the registration in the marriage certificate is aimed at providing legal certainty and protection for married couples.
In the implementation of writing, there is sometimes an element of error due to lack of care taken by the employee who records the marriage (PPN), this can happen due to none other than human limitations.For example, mistakes usually occur in writing names, dates of birth, addresses and other data as specified in the marriage certificate. 11 Based on this juridical basis, there are two agencies authorised to record marriages for Indonesian residents, the first is the Office of Religious Affairs (KUA) and the second is the civil registry.The KUA is a government agency under the auspices of the ministry of religion, one of whose responsibilities is to record marriage events for Muslims. 12The KUA has duties and functions that have been ratified based on the minister of religion's decree No.517 of 2001 to take care of the following matters: 1) Organising statistics and documentation, 2) Organising correspondence, archives, typing, and KUA households, and 3) Carrying out marriage registration, reconciliation, managing and fostering mosques, zakat, waqf, baitul mal, and social worship, population and development of sakinah families in accordance with the policies set by the Director General of Islamic Guidance based on applicable laws and regulations. 13Meanwhile, civil registration is a whole series of activities related to a person's civil rights, including birth registration, marriage and divorce for non-Muslims, child recognition, child validation, child adoption and death. 14om the cause of this marriage registration, there is a finalisation of the appearance of an authentic deed as long as the implementation process is in accordance with the prescribed procedures. 15The initial construction that must be fulfilled in the Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 55 implementation of the marriage contract is the pillars of marriage itself which include: a).
The existence of a bridegroom, b).The existence of a bride, c).The existence of a guardian, d).The existence of two witnesses, and e).The existence of sighat (ijab qabul).If one of them is not fulfilled, the implementation process is not valid. 16e registration of marriage or marriage for Muslims is largely determined by the applicable laws and regulations: 1).explains the requirements for administrative completeness or documents that must be fulfilled if you want to get married.Each document requirement must pass verification or examination in the sense that not all documents can be accepted, therefore each document must be checked by an authorised officer.In addition, it is also explained that if in the examination of documents or administrative requirements for marriage there are obstacles in the field of marriage or marriage, the will to marry is rejected. 18cording to the framework of the Minister of Religious Affairs Regulation, if it has passed the rapak (Matching data of the prospective bride and groom), the officer makes an announcement of the intention to marry.If there are no complaints or objections to the marriage contract schedule, the marriage contract procession can be carried out.and at the time after the marriage contract procession, the marriage contract quotation or marriage book is given to the husband and wife, if in the case of issuing a marriage book there is an

Legitima : Jurnal Hukum Keluarga Islam
Volume 06, Nomor 1, December 2023 56 obstacle, the marriage book will be submitted no later than 7 (seven) working days after the marriage contract procession. 19 the requirements for obtaining a marriage book as an authentic certificate according to the Regulation of the Minister of Religion go through several stages, namely: a).registration of the will to marry, b).Examination of documents or administrative files of the marriage intention, c).Announcement of the intention to marry, and d).
Implementation of marriage. 20 The journey of the legal basis for changes in biodata in marriage certificates includes PMA Number 11 of 2007, according to the provisions of this article and paragraph, it can be estimated that improvements in the writing of marriage certificates can occur if: a) The biodata written on the marriage certificate is not the same or different in writing from that on the registration and examination form.For example, the name Soekarno is written Sukarno, and b) The biodata written on the marriage certificate and on the registration and examination form are requested to be replaced with completely different data.

Methods
The method used in this research is the empirical juridical method.The term empirical means having a real nature, so what is meant by empirical juridical is having an object of study regarding community behaviour.The approach used in this research is a socio-legal approach.The sociology of law sees, accepts, and understands law as part of human life.Law is not viewed as something abstract, but rather the law is seen in the form of people's behaviour or community behaviour (social behaviour).herself, whether it is done intentionally or unintentionally.people do not know that writing errors will become a problem in marriage registration and will have future consequences if the identity is not suitable for the desired purpose.In this case, writing down the identity can also originate from an error on the part of the village where they live.and also errors in collecting data on prospective brides and grooms because in the past marriage requirements were not yet required to attach a birth certificate so that the data could differ from one another.But it does not rule out the possibility that many mistakes also occur even though for now the administrative requirements are very strict and really pay attention to the match of the data.
The data on the population of the Krian Sub-district community shows ±122,025 people with most of the community's activities as factory employees, this percentage shows that the community's understanding of the importance of equalising administrative data before marriage is very lacking.This can be seen when the respondent explains that for reasons of work interests, the community requests that the writing in the marriage certificate be equated with the data in the diploma only.So that in the future this will have a significant impact on the community itself.
As for the registration of marriage whose identity is not the same when they want to register marriage, it will cause losses in the future for the community itself.Meanwhile, for changes in the biodata of the marriage certificate, be it name or place, date, month, year of birth, population identification number, nationality, occupation and address, before registering for marriage, you should be more careful and careful in filling in identity data and hopefully equalise all data so that there are no errors in writing.
In digital writing, if there is an error in entering data by the marriage registration employee, the employees of the Krian District Religious Affairs Office do not replace it As for if the error in writing the name in the old marriage book, the change of application does not need to go through a trial again and the KUA does not need to make a certificate to be taken to court but it is enough with the latest birth certificate.this is in line with Regulation of the Minister of Religious Affairs No. 20 of 2019 concerning Nikah registration.However, if the name change is far from the original name, the Krian District Religious Affairs Office (KUA) does not dare to make changes but directs to go through a trial first.26 The people who make changes to the biodata of the marriage certificate at the Krian District Religious Affairs Office are mostly marriages conducted under 2010, at which time marriage registration was not yet through the Nikah Management Information System (SIMKAH) and the requirements were not as strict as they are today.On average, people who make changes to biodata in the marriage certificate are for the purpose of making a child's birth certificate, for the purposes of Hajj, Umrah and other interests.
In the procedure for changing the name of the husband, wife and guardian, the Krian Despite the many obstacles in resolving the case of changes in the biodata of the marriage certificate, the Office of Religious Affairs of Krian District, Sidoarjo Regency upholds the principles that have been implemented in providing services to the surrounding community.The principle reads "don't make it difficult and don't make it easy", meaning that it continues to carry out applicable procedures and legislation, not arbitrarily making it easier for the community and also not making it too difficult for the community as long as the desired requirements are in accordance with applicable procedures.
When No. 20 of 2019 has been passed.This causes confusion in the community, which was previously accustomed to the old procedure or mechanism, namely conducting hearings in court.In addition, there is no socialization about the mechanism or procedure if they want to make changes to biodata for people whose domicile is in the Krian District Religious Affairs Office.
The impact on the community if the process of changing the marriage certificate biodata experiences obstacles or obstacles is as follows: Because the community is more familiar with the fact that changes to the marriage certificate must go through a trial mechanism first.
The suggestions for the Krian District Religious Affairs Office are expected to be able to communicate well with the Population and Civil Registration Office, in order to create good cooperation so that the Krian District Religious Affairs Office can also run in accordance with applicable laws and regulations.In addition, it is also hoped that it will be able to provide understanding or conduct socialization to people who want to make changes to the marriage certificate biodata that there is a new mechanism or procedure.
And it is hoped that the Marriage Registrar Assistance Officers (P3N) in each local village will prioritize an attitude of caution in writing the biodata of the bride and groom and rechecking their compatibility with other previous documents, so that later there will be no problems in digital writing time and minimize the number of people who make changes to the marriage certificate biodata.
Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 58 application carried out by the Office of Religious Affairs of Krian sub-district, Sidoarjo district after the enactment of Regulation of the Minister of Religion Number 20 of 2019 on Marriage Registration.Therefore, as explained above, it is certainly our concern as social beings to understand and know, how the practice of changing the biodata of the marriage certificate at the KUA of Krian District, Sidoarjo Regency after the enactment of the Minister of Religion Regulation (PMA) No. 20 of 2019 and what are the obstacles for the KUA of Krian District, Sidorjo Regency in changing the biodata of the marriage certificate after the enactment of the Minister of Religion Regulation (PMA) No. 20 of 2019.
25 And the sources used in this research are primary legal sources including Law Number 1 of 1974, Compilation of Islamic Law, Minister of Religion Regulation Number 20 of 2019, as well as secondary law which includes journal literature, books, scientific articles, legal dictionaries, and so on.And in collecting data, the author uses interview techniques, documentation, observation, literature study, and internet searching.Data analysis is carried out in three ways, namely data reduction, data presentation, and drawing conclusions or verification.Result The Practice of Changing the Biodata of the Marriage Certificate at the KUA of Krian District It is known that the results of research, namely interviews with respondents at the Krian District Religious Affairs Office, show that every small problem can become a big problem, namely name writing errors, or writing errors other than the name on the marriage certificate.It turns out that there are a lot of mistakes made by the bride-to-be Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 59 with a new marriage book because the book stock is prepared for marriages in certain months which are sometimes often overflowing.but uses the second option, namely correcting the wrong word.This is in line with the instructions contained in Chapter XII article 37 paragraph (2), namely by: a) Crossing out two lines in the wrong writing; b) Writing the correction in capital letters; c) The Head of the KUA affixes his/her initials on the far right of the crossed out words; Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 60 d) The Head of the Sub-district KUA puts an official stamp on the wrong word.

District
Religious Affairs Office applies or adheres to the Regulation of the Minister of Religion No.20 of 2019 concerning Marriage Registration, however, the practice is not in accordance with the mandate contained in the Regulation of the Minister of Religion. 27The Krian Sub-District Religious Affairs Office does not base the change of name of the husband, wife, and guardian on the latest birth certificate, but rather on the existing birth certificate.The Krian Sub-district Religious Affairs Office is not in line with the Minister of Religious Affairs Regulation No. 20 of 2019 because the new birth certificate is not issued by the issuing authority, in this case the civil registry office, making the Krian Sub-district Religious Affairs Office slightly inconsistent with the Minister of Religious Affairs Regulation No. 20 of 2019.During the researcher's time in the field, the researcher found one of the name change events where as happened in the name change of a wife, which should be on the birth certificate written Septy Nofi but in the marriage certificate it reads Septy Novi.In this case, the KUA of Krian District continued to change the name based on the existing deed (old deed).So in the absence of a new birth certificate, the KUA of Krian Sub-district Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 61 took steps or policies by continuing to correct/change the name based on the existing birth certificate (old certificate).This is done to try to obey and carry out the mandate contained in Minister of Religious Affairs Regulation Number 20 of 2019, especially in article 38 paragraph (1). 28As well as in the improvement or change of identity in place, date, month, year of birth, population identification number, nationality, occupation and address.The Religious Affairs Office in practice has not been in accordance with Regulation of the Minister of Religion No. 20 of 2019 because to change the data the basis made by the Krian District KUA is based on a legalised Family Card (KK), whereas it should be based on a certificate from the Population and Civil Registration Office as stated in Regulation of the Minister of Religion No. 20 of 2019 in article 38 paragraph (2) states that changes other than names are based on a certificate from the Population and Civil Registration Office.This policy was taken by the Krian Sub-District KUA because in practice the Population and Civil Registration Office, if asked for a certificate as the basis for the Krian District KUA in changing the biodata of the marriage certificate other than the name, did not want to issue it.However, so far the policies or steps taken by the Krian Sub-District Religious Affairs Office staff in completing the biodata change of the marriage certificate for the Krian community still have legal force and are recognised as valid for the needs of the community itself.As for the legal basis, all respondents agreed to use Regulation of the Minister of Religious Affairs No. 20/2019 on Marriage Registration in resolving cases of applications for changes to the biodata of marriage certificates.All respondents also agreed that in practice not all of them were in accordance with the mandate in Regulation of the Minister of Religious Affairs No. 20 of 2019 on Marriage Registration.Discussion Constraints Experienced by the Krian District Religious Affairs Office The journey of regulations governing applications for biodata changes in marriage certificates has been regulated in the Regulation of the Minister of Religion since 2007, after 11 years there have been changes in 2018 but both have almost the same thing, Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 62 namely both provide guidelines that "changes to the biodata of husband, wife and guardian, must be based on a court decision in the area concerned".The difference lies in article 34 paragraph (2) of Regulation of the Minister of Religious Affairs No.19 of 2018 which regulates the procedure for changing biodata in the marriage certificate if the request for change concerns other than the name explained that: "The recording of changes to individual data in the form of place, date, month, year of birth, population identification number, nationality, occupation, and address must be based on a cover letter from the kelurahan/kepala desa".Following the enactment of Minister of Religious Affairs Regulation No. 20/2019 on Marriage Registration, changes to biodata on marriage certificates are very different.The new regulation explains that the basis used by the sub-district Religious Affairs Office to make changes to the biodata of the names of husband, wife and guardian is the most recent birth certificate.Furthermore, this regulation explains the basis used by the Sub-district Religious Affairs Office in changing biodata other than names must be based on a certificate from the population and civil registration office.Because this regulation is the latest regulation, it can be an obstacle for marriage registration officials, especially the Krian District Religious Affairs Office, as well as for people in the Krian District itself who do not know the correct procedure for changing the biodata of the marriage certificate because people in the Krian District KUA are used to the old system.In addition, the change or transition period for this regulation change is very fast, making the people of Krian Sub-district confused in correcting the biodata of their marriage certificate.
a) Financial and time losses.Obstacles in the marriage certificate amendment process can result in unwanted costs and time.The community may have to face a complicated and time-consuming process in administering the changes.b) Disruption in the transfer process.Barriers to the amendment of marriage certificates can lead to disruption in the process of moving or migration.Address changes in Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 64 official documents such as ID cards can be hampered if the data in the marriage certificate does not match the existing population data.c) Obstacles in the process of registering for Umrah, Hajj and passports.d) Emotional and social disruption.As a result of obstacles in the process of changing the marriage certificate biodata, it can cause people stress, tension and arguments in the relationship between the couple and the family.e) Administrative disruption in managing official documents or in matters that require supporting data.As a result of the process of changing the marriage certificate, if there are obstacles, people can experience administrative problems related to the use and participation in certain programs or services. 29Conclusion Based on the explanation above, it can be concluded that the practice of resolving applications for changes in the biodata of the marriage certificate of the KUA Krian District is not in accordance with Regulation of the Minister of Religion No. 20 of 2019 on Marriage Registration.This is because the basis for changing the name change in the marriage certificate is the existing birth certificate (old certificate), which should be based on the latest birth certificate.In addition, changes to the place, date, month, year of birth, population identification number, nationality, occupation and address on the marriage certificate are based on a legalized Family Card (KK), not based on a certificate issued directly by the Population and Civil Registration Office.The obstacles experienced by the Office of Religious Affairs (KUA) Krian District Sidoarjo Regency are: First, the absence of the latest birth certificate issued by the Population and Civil Registration Office, which should be the basis for the KUA in changing the identity of the name.Secondly, the absence of a certificate issued by the Population and Civil Registration Office, in which case the certificate should be made the basis for the Krian District KUA in making changes to the columns of place, date, month, year of birth, population identification number, nationality, occupation and address in the marriage certificate.Third, the community's ignorance about the latest mechanism or procedure when they want to make changes to the biodata of the marriage certificate.Legitima : Jurnal Hukum Keluarga Islam Volume 06, Nomor 1, December 2023 65

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So that the basis for changes made by the Sub-district Religious Affairs Office to the data on the marriage certificate is no longer based on a Court decision, either the Religious Court or the District Court.The basis held by the Sub-district Religious Affairs19 Muhammad Alif Ilham Ramadhan, "Permohonan Perubahan Biodata Akta Nikah karena Murtad," Sakina: Journal of Family Studies 3, no. 4 (2019). 20ang Hidayat dan Retno Sunu Astuti, "Pengaruh Prosedur Pelayanan dan Kemampuan Pegawai Terhadap Kualitas Pelayanan Akta Nikah (Non-Muslim) di Dinas Kependudukan dan Pencatatan Sipil Kabupaten Jombang," Journal Of Public Policy And Management Review 7, no. 4 (2108): 1.Office in making changes to the name of the husband or wife is only based on the new birth certificate. 22he provisions of Regulation of the Minister of Religious Affairs No. 20/2019 clearly revoke the authority of the Judiciary, either the District Court or the Religious Court, from issuing a decision that is the basis for changing the name of the husband, wife or guardian on the marriage certificate by the Sub-District Religious Affairs Office. 23egulation of the Minister of Religious Affairs (PMA) No. 20 of 2019 also explains and provides a solution in the event of data that is not the same between KTP, KK, and Marriage Book when taking care of other needs such as Hajj, bank loans, child birth certificates, and making new family card.and the interested person wants to change the data in the marriage book to be equalised with the data in other documents, according to Regulation of the Minister of Religious Affairs No. 20 of 2019, the interested person must Until now, this has made the community in particular and the Krian sub-district Religious Affairs Office in general vacillate.So that this becomes an obstacle in the service of changing the biodata of the marriage certificate at the KUA of Krian sub-district, Sidoarjo district, Therefore, the author is interested in examining the implementation and22 Article 38 Minister of Religious Affairs Regulation No. 20/2019 on Marriage Registration 23 Muhammad Sangidun dan Roykhatun Nikmah, "Kewenangan KUA Kecamatan dan Pengadilan Agama dalam Perkara Perubahan Biodata Akta Nikah," Jurnal Al-Hakim 4, no. 1 (Mei 2022): 76. 24 Andika Mubarok, "Perubahan Biodata Akta Nikah di Pengadilan Agama Cilacap Perspektif Peraturan Menteri Agama Nomor 20 tahun 2019 tentang Pencatatan Pernikahan" (Skripsi, Malang, Universitas Islam Negeri Maulana Malik Ibrahim, 2022).
Then in PMA Number 19 of 2018, in this Regulation, as stipulated in Article 34 paragraph (1), it is explained that the recording of changes in the names of husband, wife, and guardian must be based on the decision of the District Court in the area concerned.The provision of Article 34 paragraph (1) above expressly states that if there is an application for such a change, it must be submitted to the District Court. 21formulation of biodata changes in Minister of Religious Affairs Regulation No. 20/2019 as explained in Article 38 paragraph (1) is completely different from the formulation of the previous Minister of Religious Affairs Regulations (PMA No. 11/2007 and PMA No. 19/2018).Clearly and unequivocally, the formulation of Article 38 paragraph (1) is that changes to the names of husband, wife and guardian on the marriage certificate are made by the District Religious Affairs Office based on the latest birth certificate. 21cle 34 paragraph 1 of Minister of Religious Affairs Regulation No. 19/2018 on Marriage Registration.Legitima :bring the latest birth certificate if it concerns the name.Or only a certificate from the Population and Civil Registration Office if the matter concerns other than the name such as place, date, month, year of birth, identification number, residence, nationality, occupation, and address.24However,after the enactment of the latest Minister of Religion Regulation, the practice in the field, especially the KUA of Krian District, is not as beautiful as imagined because the transition period for changing the Minister of Religion Regulation is too fast and the basis used by the KUA in changing the marriage certificate biodata is not in accordance with the Minister of Religion Regulation Number 20 of 2019.Because there is no recent birth certificate and also a certificate issued by the Population and Civil Registration Office.With conditions like this for the sake of the benefit of the Krian District KUA taking a stand and policies in changing the biodata of the marriage certificate.

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viewed from the latest regulations, namely the Minister of Religion Regulation No. 20 of 2019 concerning Marriage Registration.The results of this study indicate that the Office of Religious Affairs of Krian District, Sidoarjo Regency, has not been appropriate in Implementation of Regulation of the Minister Affairs ...., Thoriq, Abdullah, Muhammad applications for biodata changes to marriage certificates.This is not perfect in carrying out the mandate of the Minister of Religion Regulation No. 20 of 2019, especially in article 38, not that the Krian District KUA does not comply with the regulation but because there are still many obstacles to implementing the regulation.The latest birth certificate is not issued by the competent authority, in this case the Population and Civil Registration Office, for people who are interested in changing their name identity in the marriage certificate.b)Nocertificate was issued by the Population and Civil Registration Office for people who wanted to make changes to the place, date, month, year of birth, population identification number, nationality, occupation and address on the marriage certificate.The emergence of these two problems can occur until now and will even be sustainable in the future because until now there has been no good communication between these two agencies, especially the Krian District Religious Affairs Office and the Sidoarjo Regency Population and Civil Registration Office.Changes in mechanisms or procedures in the application for changes in the marriage certificate biodata are so fast that from the Minister of Religion Regulation No. 19 of 2018, not even one year has passed, it has been changed and the Minister of Religion Regulation Legitima :