A postnuptial agreement involving an Indonesian and a foreign spouse must be in Bahasa Indonesia and may also be written in the foreign spouse’s national language and/or English. Additional translation requirements apply if a spouse does not understand the language used during notarial execution.
What Language Must a Postnuptial Agreement Use in Indonesia?
Article 31 of Law No. 24 of 2009 requires Bahasa Indonesia to be used in agreements involving an Indonesian citizen. Where an agreement also involves a foreign party, it must also be written in the foreign party’s national language and/or English.
A postnuptial agreement between an Indonesian and a foreign citizen falls within this requirement. The involvement of a foreign spouse does not remove the requirement to use Bahasa Indonesia.
Presidential Regulation No. 63 of 2019 further provides that the foreign party’s national language and/or English is used as the equivalent or translation of the Indonesian text to ensure a common understanding between the parties.
For example, an Indonesian citizen and an Australian spouse may prepare their postnuptial agreement in Bahasa Indonesia and English. The English version does not remove the requirement for an Indonesian version.
The Constitutional Court reaffirmed the mandatory nature of Article 31 in March 2026 by rejecting challenges to the Indonesian-language requirement.
What If the Foreign Spouse Does Not Understand Bahasa Indonesia?
Where the postnuptial agreement is executed as a notarial deed, Article 43 of the Notary Law, as amended by Law No. 2 of 2014, requires the deed to be made in Bahasa Indonesia.
If the foreign spouse does not understand the language used in the deed, the notary must translate or explain its contents in a language the spouse understands. If the notary cannot provide the necessary translation or explanation, an official translator can perform that function.
The parties may also request that the deed be made in a foreign language. In that case, the notary must translate the deed into Bahasa Indonesia.
A separate sworn translation is not automatically required simply because one spouse is a foreign national. Whether an official translator is needed depends on the language used for the deed and whether the notary can provide the required translation or explanation.
What Happens If the Indonesian and Foreign-Language Versions Differ?
Differences between the Indonesian and foreign-language versions can become significant when they change the scope of either spouse’s rights or obligations.
For example, an Indonesian provision may state that assets acquired individually after the postnuptial agreement become the separate property of the spouse acquiring them. If the English version instead suggests that only specifically listed assets are separate property, the two texts would describe different property arrangements.
Presidential Regulation No. 63 of 2019 provides that where the Indonesian and foreign-language versions are interpreted differently, the language agreed by the parties in the agreement is used. A bilingual postnuptial agreement should therefore state clearly which language will govern if the two versions are interpreted differently.
How Are Language Requirements Handled Before an Indonesian Notary?
The language arrangements should be established before the postnuptial agreement is executed. If the foreign spouse does not understand the language of the deed, the required translation or explanation forms part of the notarial process.
The Notary Law also requires the translation or explanation to be stated at the end of the deed. Where an official translator is required because the notary cannot provide the translation or explanation, the translator participates in the execution process in accordance with the applicable notarial requirements.
Prepare Your Postnuptial Agreement with Jarji Zaidan & Partners
Contact Jarji Zaidan & Partners for legal assistance with preparing and executing a postnuptial agreement in Indonesia, including the language and translation requirements that apply when one spouse is a foreign national. Contact us at info@jarjizaidan-partners.com  or on WhatsApp at +62 821-9000-3273 / +62 813-1403-8907 to secure your investments and gain peace of mind.
