For Indonesian citizens, marrying a foreigner is not prohibited. However, the potential couple must comply with local laws if they want the marriage to be recognized by the Indonesian government. Importantly, this means complying with Law Number 1 of 1974 concerning Marriage.
In this article, we explain the key legal insights when marrying an Indonesian citizen as a foreigner.
Religion is key
Although Indonesia is a secular democracy, religion plays an important role in society and greatly influences government regulations and policies, particularly surrounding marriage.
The government recognizes six official religions:
- Islam
- Protestantism;
- Catholicism;
- Hinduism;
- Buddhism; and
- Confucianism
All religions have equal rights according to Indonesian laws. As such, all Indonesian citizens must belong to one of these religious groups (there are some folk religions recognized also). Agnosticism and Atheism are not recognized.
According to Article 2 Paragraph (1) of the Law Number 1 of 1974 concerning Marriage:
“Marriage is valid if it is carried out according to the law of each respective religion and belief”
From the above statement, couples who marry in Indonesia must be of the same faith, otherwise, one partner must make a written statement declaring their conversion.
Couples of the non-Islamic faith must officially register their marriages at a Civil Registry Office while Muslim couples must register their marriages at any office of the Religious Affairs Ministry.
The legal age of marriage in Indonesia
Indonesia itself has a marriage age limit for men and women, which is regulated in Article 7 Paragraph (1) of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, which reads:
“Marriage is only permitted if the man and woman have reached the age of 19 (nineteen) years”
Same-sex marriage is not recognized
Article 1 of Law Number 1 of 1974 concerning Marriage states that:
“Marriage is an inner and outer bond between a man and a woman as husband and wife to form a happy and eternal family (household) based on the belief in the God Almighty”
Do not get married unofficially
Locally known as ‘Siri’ marriage, this marriage is carried out only following the couple’s religious regulations, however, it is not officially registered at the Religious Affairs Office or Civil Registry.
We strongly do not recommend siri marriages for foreign citizens, because it may contribute to problems in the future. These problems include the child of the couple only having the mother in the birth certificate. Further, the child will not have the right to receive inheritance from the father.
Furthermore, for those of you who have already engaged in a siri/unregistered marriage in Indonesia, we recommend that you register your marriage by applying for marriage validation (Isbath Nikah) to the relevant court.
Do not Marry a married person
Marrying someone who is still married to another person is prohibited in Indonesia, what is even more dangerous is that you can be charged with the crime of adultery if your partner’s legal husband/wife reports you for the alleged crime. The crime of adultery is punishable by a maximum of 9 months in prison by the provisions of Article 284 paragraph (1) of the Criminal Code.
If you want to know more about the legal aspects of marrying an Indonesian as a foreigner, email our attorneys at Jarji Zaidan & Partners. We have in-depth experience in the field of family law. We are also available on WhatsApp +62 821-9000-3273 / +62 813-1403-8907.
Disclaimer:
This article is based on applicable laws and regulations on the day and date this article was published.
