Married couples, whether in mixed marriages or Indonesian citizens who married abroad can legally register their marriage in Indonesia. This is important if they want their marriage to be recognized by the Indonesian government.
What is the process for registering foreign marriages in Indonesia?
The provisions of Article 2 Paragraph (1) of Law Number 1 of 1974 concerning marriage states marriages held abroad are valid and binding, meaning that if the marriage is carried out following the legal regulations in the country where the marriage takes place, then the marriage can be registered at the relevant institution in Indonesia. However, the marriage must also not violate Indonesia’s Marriage Law and all its derivative regulations.
For instance, religion plays a central role in marriages in Indonesia. 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.
For Muslim couples, the marriage registration is carried out at the Religious Affairs Office in the domicile of one of the spouses, whereas non-Muslim marriage registrations are done through the civil registration office in the domicile of one of the spouses.
We recommend that the spouse who has legally married abroad immediately register their marriage at the relevant institution, bearing in mind that there is a registration time limit determined by law in Indonesia. Based on the provisions of Law Number 23 of 2006 concerning Population Administration, the couple is obliged by law to immediately register their marriage at the Religious Affairs Office or the Civil Registration Office within 30 days of their arrival in Indonesia.
Further, same-sex marriage is not recognized in Indonesia. 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”.
What are the required documents?
To legally register a foreign marriage in Indonesia, the couple must have the following documents, as determined by the state, which are as follows:
- A marriage certificate that has been translated into Bahasa Indonesia by an official translator and has been legalized by a representative of the Republic of Indonesia (notably the Embassy) in the country of origin;
- A marriage letter from the Embassy of the Republic of Indonesia in the country of origin;
- Copies of husband and wife’s birth certificates;
- Copy of an Indonesian citizen’s identity card and family card;
- Copy of passport of spouse (if foreign citizen); and
- 3 side-by-side headshots measuring 4×6cm with a blue background for Muslim couples and red for non-Muslim couples.
All these documents will be submitted to the relevant civil registration institution, either the Religious Affairs Office or the Civil Registration Office in the domicile area of one of the spouses.
What are the legal consequences of not registering a foreign marriage in Indonesia?
Failure to register a valid foreign marriage in Indonesia can have legal impacts on the spouse in the future, these include:
- The Indonesian state views that there is no legal bond between the couple who are not registered/registered and thus the state’s view is that the marriage never occurred;
- Couples who registered their marriage are provided legal rights, including nafkah (financial support) rights and joint property rights, among others. If the marriage was not registered, the state cannot protect the rights of either spouse;
- If a divorce occurs, the spouse cannot file for divorce through the relevant court, and any assets that were acquired during the marriage will not be considered joint property; and
- The children will be considered to have no legal relationship with their father and only a legal relationship with the mother.
To avoid such negative outcomes, we recommend married foreigners living in Indonesia register their marriage. The lawyers at the Jarji Zaidan & Partners Law Office specialize in dealing with Indonesia’s family law and can help you register your foreign marriage.
If you want to know more about the legal aspects of foreign marriage registration in Indonesia, send an email to our lawyers at Jarji Zaidan & Partners via email: info@jarjizaidan-partners.com 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.
