PEMBATALAN AKTA KELAHIRAN DAN AKTA KEMATIAN PELAYANAN PENCATATAN SIPIL MELALUI ASAS CONTRARIUS ACTUS GUNA MEWUJUDKAN KEPASTIAN HUKUM

Abstract

This study discusses the application of the contrarius actus principle in the annulment of birth and death certificates by the Civil Registry Office as a means to uphold legal certainty in population administration. The research is based on two actual cases in Surabaya: the annulment of a death certificate that wrongly recorded a living individual as deceased, and the annulment of duplicate birth certificates with conflicting parental identities. Using a normative juridical approach and qualitative analysis, the study finds that the annulment of administrative documents by the issuing authority, when supported by valid evidence and proper procedure, is legally justified under the contrarius actus principle. This action aligns with Gustav Radbruch’s concept of legal certainty, which emphasizes law as being fair, beneficial, and predictable. In the context of population administration, the revocation of erroneous documents is not a violation of legal certainty but rather a corrective effort to restore a legal state that reflects actual circumstances. The findings affirm that the contrarius actus principle is a crucial corrective tool for ensuring justice and legality within the administrative law system.

Keywords: annulment of certificates, contrarius actus, legal certainty, civil administration, Gustav Radbruch.