• +62 8128 2128 999
  • aw@wijayaco.id
  • +62 8128 2128 999
  • aw@wijayaco.id
Asep Wijaya

Asep Wijaya

Postnuptial agreement  is another marital contract recognized under the laws and regulation in the Republic of Indonesia. It is a contract entered into by husband and wife within the course of their marriage. It is not valid retroactively and only applicable to property acquired after the contract legally executed.

As to other contracts under the legal system in Indonesia, both Article 1320 and 1338 of Civil Code are applicable to the postnuptial agreement. Those two articles are the basic rules for contracts in Indonesia, both for marital agreement as well as non-marital agreement.

Article 1320 of the Civil Code stipulates that in order to be valid, an agreement must satisfy the following four conditions: 1. there must be consent of the individuals who are bound thereby; 2. there must be capacity to enter into an obligation; 3. there must be a specific subject matter; 4. there must be a permitted cause. 

As for Article 1338 of Civil Code imposed that all valid agreements apply to the individuals who have concluded them as law. Such agreements are irrevocable other than by mutual consent, or pursuant to reasons stipulated by the law. They must be executed in good faith.

In view of the above two basic laws in recognizing the validity of the postnuptial agreement in Indonesia, married couples must abide those stipulation before they enter into the contract. Some required terms and conditions imposed by the Article 1320 of Civil Code are applicable thereto:

  1. No consent is valid if it is granted based on mistake or obtained by duress or fraud. So, you need to have an informed consent from your spouse in order to enter into a postnup. A mistake does not render an agreement invalid unless such mistake pertains to the substance of the subject matter of the agreement. Duress against an individual who has entered into an agreement, provides grounds for nullification of the agreement, even if it was committed by a third party who does not benefit from the agreement. Fraud is form grounds for nullification of an agreement, if the fraud by one party is of such nature that it is apparent that the other party would never have concluded the agreement were it not for such deceit. Fraud is not be presumed, but must be proven.
  2. Each individual is authorized to conclude agreements, unless he has been declared incompetent by law. The following individuals are incompetent to conclude agreements: 1. minors; 2. individuals under guardianship. Those individuals are incompetent to enter into agreements may claim for the nullification of the obligations, except for where the law excludes such power.
  3. An agreement must at least have as a subject a matter a property whose nature is determined. The quantity of the matter needs not be ascertained, insofar such quantity can be determined or calculated at a later date. Future properties may be the subject of an agreement. An individual may not however, relinquish an inheritance which has not occurred or conclude an agreement regarding such inheritance, notwithstanding that he has obtained the consent of the testator.
  4. Any agreement without a cause, or concluded pursuant to a fraudulent or prohibited cause, is not be enforceable. In the event that no cause is specified but that there is an existing permissible cause, or if there is a permissible cause other than the one specified, the agreement shall be valid. A cause is prohibited if it is prohibited by law, or if it violates morality or public order. 

As for the Article 1338 of Civil Code, the terms and conditions applicable to the postnuptial agreement are as follows:

All valid agreements apply to the individuals who have concluded them as law. In the postnuptial agreement, husband and wife sign the contract. So, the terms and conditions of the postnup applicable to both of them;

Such agreements are irrevocable other than by mutual consent, or pursuant to reasons stipulated by the law. You can't withdraw from the contract just because you changed your mind, and the contract no longer interests you. Your spouse consent in revoking the contract is required;

They must be executed in good faith. Agreements is bind the parties not only to that which is expressly stipulated, but also to that which, pursuant to the nature of the agreements, shall be imposed by propriety, customs, or the law. 

An agreement applies only to the parties thereto. An agreement cannot be detrimental to third parties; third parties cannot benefit from them. When you signed the contract, your parents are not included as one of the parties. You're an adult and you should take responsible for the thing you are doing.

My name is Asep Wijaya. Thank you for visiting my blogs and reading my posts!

 

Legal Ground in General

In Indonesia, foreigners are not allowed to legally own freehold title (Hak Milik) in landed property.  In accordance with Article 21 (1) of  Law number 5 of 1960 regarding  Basic Agrarrian Law imposed that: “Only Indonesian citizens can have a hak milik.” In the event the Indonesian married to a foreigner, she will be precluded to legally own freehold title of a landed property. This stipulation also similar to the situation as if she lost her rights as an Indonesian citizen.

Furthermore, according to Art. 21 (3) stipulates as follows: “A foreigner who, following the entry into force of this Act, acquires a hak milik by way of inheritance without a will or by way of joint ownership of property resulting from marriage and an Indonesian citizen holding a hak milik who, following the entry into force of this Act, loses Indonesian citizenship is obliged to relinquish that right within one year following the date the hak milik is acquired in the case of the former or following the date upon which Indonesian citizenship is lost in the case of the latter. If following the expiry of the said timr periods, the right is not relinquished, then the siad right is nullified for the sake of law and the land falls to the State with the proviso that the rights of other parties which encumber the lands remain in existence.”

As for the Art. 21 (4) imposed as follows:  “As long as one with Indonesian citizenship concurrently holds foreign citizenship, he/she cannot have land with the status of a hak milik, and to him/her the provision as meant in paragraph 3 of this article shall apply."

Those are the legal grounds why you need to have a prenuptial agreement in the first place. The prenup is to separate your property acquired before and during the course of your marriage. This is the legal way to get around the issues of property ownership in mixed-marriage couples in Indonesia. 

Legal Ground from Banking Sector 

Some other legal ground comes from the banking sector. A prevailing regulations that apply to a bank imposed that a loan applicant must possesses a marital agreement for mix-marriage couples. The regulation of Bank Indonesia number 7/14/PBI 2005 regarding  Rupiah transactions and providing foreign currency credit by the bank for foreigners. The foreigners here are citizens who are licensed or permitted to stay Indonesia. For mixed-marriage couples, the Indonesian spouse will be precluded in applying for credit or a loan to the bank in the event she/he does not have any marital agreement governing the separation of their properties.

In the event no prenuptial agreement exists in your mixed-marriage, the Indonesian spouse will be considered to have join property with her/his foreign spouse. Therefore, the bank will not be able offer loans to the Indonesian spouse. This is because that she/he may require a consent from her/his foreign spouse to execute a property transaction. It is something that the foreigner will not be able to provide as he/she is not in the legal position to own any property in the first place. So, you are hitting a dead-end. 

  1. The regulation of Bank Indonesia number 7/14/PBI 2005 stipulates:  Banks are prohibited from conducting certain transactions with Foreign Parties as follows:
  2. Provision of Credit in rupiahs and/or foreign currencies;
  3. Placements in rupiahs;
  4. Purchase of rupiah-denominated Securities issued by Foreign Parties;
  5. Inter-Office Accounts in rupiahs;
  6. Inter-Office Accounts in foreign currency for provision of Credit outside Indonesia;
  7. Equity Participation in rupiahs;
  8. Rupiah Transfer to an account held by Foreign Parties and/or joint account held by a Foreign Party and non-Foreign Party at a domestic Bank;
  9. Rupiah Transfer to an account held by a Foreign Party and/or joint account held by a Foreign Party and non-Foreign Party at an overseas Bank.

Documents You Need

This is not a personal attack on you. This is the ruling from our legal system to protect the land in Indonesia only for Indonesian. No offence. Should you interested in moving forward with your own prenuptial agreement, have these documents ready so we can review them and provide the best possible terms and conditions for your situation:

  1. ID Card (KTP), for Indonesian; 
  2. Family Card or Kartu Keluarga, for Indonesian; 
  3. Copy of birth certificate, for Indonesian;
  4. Copy of passport and Kitas, for foreign spouse.

Your prenuptial agreement will be going places. They must be recognized by government institutions. Your supporting documents are the credentials to lodge the prenuptial agreement in the right database. The government is getting organized these days, which is good for you. All you've got to do is to comply. Cheers!

My name is Asep Wijaya. Thank you for reading my blogs!

Monday, 30 December 2019 00:00

Real Estate Transaction in Indonesia (2)

Real estate transaction in Indonesia is pretty straight forward but yet tricky as well as interesting business practise. Several aspects blended in one single deal. It involves various legal fields such as property law, taxation law, inheritance law, as well as family law in general. In real estate transaction, the most familiar and usual one is sale and purchase transaction. It happens on daily basis. It just business as usual. 

The Basic Agrarian Law in Indonesia stipulates that sales and purchase transaction is the evidence that proves the transfer of title from the seller to the buyer. The law imposed that real estate transaction must be carried out and meet two criterias i.e. transparent and paid in full. It must be carried out in front of and under the supervision of the authorized officer. The law also imposed that it must be paid in full. In other words, the transaction cannot be executed if you have any shortfall in the payment. 

These are the things that you need to do before you proceed with the sale and purchase in real estate transaction in Indonesia:

Background Check

This is a must. No transaction can be carried-out without any formal background check. In order to do this, you need to supply us with the original certificate of ownership. The legal status of the property will be unable to be verified without any originals. 

The Seller's Information

You need to obtain the information from the seller that contain the following documents/information:

  1. Copy of Kartu Tanda Penduduk (So called "KTP"). If he's married, you need to obtain his spouse's KTP too. Chances are, the spouse will also require to sign the sale and purchase agreement with you. If they have no prenuptial agreement, it means the property you are buying is their marital asset, and therefore spousal consent is statutorily required. Otherwise, the transaction you're dealing with potentially illegal;
  2. Family card (so called Kartu Keluarga/KK). This document shows family members of the seller;
  3. Marriage certificate, if applicable. In the event, the spouse passed-away, you need to obtain his/her death certificate. In the event the seller is divorced, you need to obtain his divorce verdict and the property division certifying the property is being sold is hers or his;
  4. Original of certificate of land ownership;
  5. PBB tax payment. We called it SPPT PBB. This represents payment of the current of building and land tax. This document is important in order to identify the tax applicable in this transaction. You will find out how much the seller should pay, and how much tax you should pay as the buyer.
  6. Tax payer's number. So called "NPWP."

The Buyer's Information

If you're buying the property, you need to make sure you have the following documents available for the transaction:

  1. Copy of KTP. When you're married, you need to supply your spouse's KTP too. Unless, if you signed a marital agreement, like a valid prenuptial or postnuptial agreement. Please contact me for more details about thing thing. If you're a mixed-married couple, most likely you can't execute any transaction without this agreement;
  2. Family card. This would also be required in order to identify your next of kin legally. This document has your information on your Nomor Induk Kependudukan/NIK (Residency Registration Number) that will refer to your tax information. This is very important when we validate tax applicable to this transaction;
  3. Marriage certificate. We need to know your status, and how the state will treat the property under the current status i.e separate property or joint property. This certificate will have to come with the marital agreement, if applicable;
  4. NPWP. They need copy of your tax payer number in order to validate the tax applicable to this transaction. 

Sale and Purchase Agreement

Your intention to conduct sale and purchase transaction must be written in the form of agreement. We called it SPA (Sales and Purchase Agreement). Both the seller and the buyer must be present to sign the SPA. You must come with your spouse if you're married.

A valid document like a marital agreement must be presented as well in the event you have a separation of property in your marriage. A prenup or postnuptial can serve as the document that you require no assistance from your spouse. With this document, your spouse doesn't have  to come with you to sign the SPA.

A valid SPA must be lodged to the land registry office in order to transfer the title from the seller to the buyer. One thing you need to be aware of payment of the current year taxation must be settled before the title is being transferred. A tax validation will be carried-out before title transferred is being conducted. 

My name is Asep Wijaya. Thank you for reading my posts!

 

Child born out of wedlock in Indonesia has only legal relationship with its mother, and her family. This situation reflects in the child's birth certificate where you won't see the father's name on it. Without the marriage to the mother, the alleged father will not be able to retrieve custody privilege.

Apart from the marriage, the father may also acknowledge the child in order to create relationship with the child. The father must acknowledge the child as his flesh and blood. According to Article 280 of Civil Code that stipulates the acknowledgement of a natural child creates a civil relationship between that child and his father or mother.

The father's acknowledgement  requires consent from the biological mother, otherwise it won't be legal. This is a statutory requirement as set-out by the prevailing laws. So, you know, it takes two to tango!

On another subject, you need to perform a DNA test too. This is to prove the child is yours, scientifically. The evidence that created according to the science and technology, and shall be required by the court in order to legalize the child born out of wedlock in Indonesia. Make sure you get the right version of DNA test, not the otherwise. The court may not accept your application just because you have incorrect test results.

Under the latest enforcement from the Constitutional Court in Indonesia, a marriage is not required to gain custody privilege of a child. You need to acknowledge it only, and get a court approval before your acknowledgment is legal recognized. Participation of the child's mother is required. If you're not in good terms, you need to talk to her and get her to sign the consent papers. You need to make her happy. This is the only way. Courtesy of nine months pregnancy. 

We have a lot of portfolio in this case. We have high successful rate in getting legalization of child born out of wedlock in Indonesia. Talk to me or email me. I am happy to help. 

My name is Asep Wijaya. Thank you for reading my posts!

Divorce in Indonesia for foreign couples is doable. The terms of foreign divorce refer to the fact that both of the spouses are foreigners, and none of them are an Indonesian citizen. Their marriage was performed and registered outside of territory of the Republic of Indonesia. None of the spouses report the marriage to the authority in Indonesia. 

So how can they get divorce in Indonesia? How do they dissolve their marriage? Do they event have any access to the court in Indonesia? Please read on!

You Must Meet a Legal Ground

They may be able to get divorce in Indonesia and dissolve their marriage at a district court. You see, in order to divorce your spouse, you need to meet one of the legal grounds as set-out by the 1974 Marriage Law. You cannot just say that I don't love her anymore and that's it. That's not going to happen here.

You need to convince the court that your marital background history is meeting one of the legal grounds. Remember, you just have to meet one of them. If you think your marriage is rotten enough to have more than one legal grounds, bring it on!

Let me take this from the Government Regulation of 1975 where they imposed the legal grounds to dissolve a marriage in Indonesia. This is where your divorce case must begin. Your Indonesian lawyer must know this because if your case is not meeting them, chances are, it will be rejected. You waste your time and money. Not to mention emotional sacrifices involved in this thing.

There are  legal grounds of filing for divorce that have been regulated in the Marriage Law, which are, in the event one of the parties:

  1. has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or exhibits other vices which are difficult to cure;

  2. has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;

  3. has been sentenced to imprisonment for five (5) consecutive years or a longer period;

  4. has resorted to cruelty or severe ill treatment, endangering the life of the other spouse;

  5. has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or

  6. has irreconcilable differences.

Let me give you a clue: the last one is the most commonly used here in Indonesia. You fight a lot. You argue anything with your spouse: from financial issues, how you run your life, career, and how you guys choose the color of the bedsheet. Probably. Any tiny issue motivates conflict in your marriage. 

You need to submit evidence such as pictures, letters, documents, etc. You name it, they want it. Evidence such as original of your marriage certificate is highly required. This is to prove that a legal marriage is exist according to the laws of the country when it was performed. Remember, we are going to dissolve a marriage. The first you need to do is to convince the court that it is a legal marriage. No legal marriage, no legal divorce. 

The same thing goes with the birth of your child. You need to make sure that you can supply birth certificate to prove that a child has born into your legal marriage. Your child's name must be printed together with your names as the parents. It proves the blood relationship in your family.

Two Witnesses are Required

Your Indonesian lawyer needs to establish a strong case. You need to supply at least two (2) witnesses. They must come to the court. They cannot just write something on a piece of paper, and sign it. Forget it!

We need them to take a stand at the court, and informing the judge that you have issues with your marriage. They need to make sure that divorce is the best possible way to the couple. It's quite complicated process indeed. Our country discouraged divorce because we think that you can do something about it to make it works. You should try everything, because you only fail when you quit trying. 

Remember, two witnesses or nothing. The more the merrier, the better. But two people who knows anything about your background history is enough. They must experience for themselves. They must see for themselves. They must hear for themselves. No hearsay! The court will take their oats to make it official. 

My name is Asep Wijaya. Thank you for reading my posts!

Prenuptial agreement in Indonesia is a marital agreement that signed before the couple enter into a legal marriage. The marital contract is recognized under the laws in Indonesia, both the Marriage Law, and the Civil Code. You can write any content of your prenup as long as subject to law and regulation, religious values, appropriateness values, and morality.

Most people, they treat their assets, both movable and immovable and their own debts as separate property free from claim from the other spouse. Other type of property that falls into this definition are gifts, and inheritance. The prenup serves as the law between husband and wife, and other third party as long as they are relevant thereto.

Legal Grounds

There are several legal grounds in relation to a prenup in Indonesia. Article 119 of Civil Code and Article 35 of the Marriage Law. Both laws are the very basic legal ground for getting a prenuptial agreement legally incorporated.

Article 119 of Civil Code stipulates as follows: "From the moment of execution of the marriage, it shall arise by law joint marital property between the spouses to the extent that no other stipulations have been made in the pre-nuptial agreement." So, the prenuptial agreement is the specific terms and conditions entered into and executed by the couples before they get married. Without any prenup, their marriage will have joint property regime. 

Article 29 of the Marriage Law stipulates that before, on the marriage, or during the marriage, both parties in the marriage may  enter into a mutually agreed agreement that also may be applicable to any third parties. It is valid since the beginning of the marriage, unless otherwise specified. During the course of marriage, the prenuptial agreement may not be altered or revoked, unless by mutual consent of both husband and wife. 

The Property

During the marriage, both husband and wife may have property acquired during the course of their marriage, as well as the property acquired prior to the marriage date. Those property may be regulated within the prenuptial agreement in Indonesia. The properties are the object of the agreement signed by the husband and wife.

Article 35 of the Marriage Law further imposed that the property shall be classified as joint property, and separate property. The joint marital property is the assets that acquired during the course of the marriage of husband and wife. As separate property is the assets acquired or owned before the marriage date, or a gift from any third party or inheritance, shall be under each party's control and therefore free from claim that may be made by the other spouse by reason of their marriage.

As for commingling property, they may combine their assets and form a new property that exist after their marriage. Although this type of property may not favorable, but doing so is possible and the ownership of the parties shall be according to each party's contribution. The capital gain, the increase of the investment during the course of time, is subject to 50:50 You need to expressly specified this term and condition in your prenuptial agreement in order to eliminate any potential conflict. It is also recommended to write any specific details about the assets on your prenup. 

Other Terms and Conditions

Your prenup may have other terms and conditions relevant to your marriage. It can be a freedom to manage your assets and liable for your own debts. The freedom to manage your assets and requires no assistance from your spouse is a very important term and condition in the event you are running your own business, posses a hefty assets from previous marriage, have children from any previous relationship, and in the even that both of you are mixed-marriage couple.

Mixed marriage couple is man and woman that have different nationalities and married under the laws of the Republic of Indonesia, or their marriage recognized by the laws in Indonesia. The freedom to manage your assets is very important as the Indonesian spouse will be affected by his/her foreign spouse in owning the property, should they did not have any prenup. With the prenup that give you the freedom to manage your assets, you requires no assistance from your foreign spouse, and therefore the co-siging is not required. Consent to dispose the assets are no longer required and therefore the Indonesian spouse can freely act on his/her behalf. Please contact me should you require any further assistance about this term and condition particularly applicable to you and your spouse.

My name is Asep Wijaya. Thank you for reading my posts!

Guardianship of a child in Indonesia is a challenging issues. Not only this is the most important part in family and matrimonial law practice, such as adoption cases, divorce cases, and custody disputes. It also plays substantial role in general civil law, such as how a judge determine a child's guardian in representing him/her in all of her legal affairs. 

What is Guardianship?

Article 47 of 1974 Marriage Law stipulated that children under 18 years old or have never been married, are under their parent’s authority. The parent represent them in and outside of the court room. The parental authority may be revoked by the court or may also be removed voluntarily and assigned to other individual. Parental authority is the term set-out in the laws in Indonesia.

It also known as Child Custody. Different terms but discussing the same thing in common. The terms have a very broad meaning: representing the child inside or outside of the court room. This include the whole legal matters involving the child's life such as property, inheritance, other legal matters such as immigration, passport and visa application, schooling, etc. You practically a parent already, minus motherhood. This slightly easier as it does not involve emotion, but still with the same chemistry.

It Is Transferable

The good news is, the guardianship of a child is transferrable. When parent is no longer in the position to perform his/her job, other people, preferably family members may replace them as a guardian of the child. The guardianship of the child may voluntarily appointed by the parent. The person may accept it or he/she may refuse it.

Being a parent indeed is not an easy job. It is the most beautiful thing and yet the hardest job in the world. So, you're excused if you think you won't be able to do it properly. Child Protection Law of 2002 stipulates that in the event of a parent is absent, or unknown, or for some reasons unable to perform his/her duty and responsibility, the job is transferable to other family member. A guardian may be appointed to do the job. They must be same blood family to three degrees upline, such as grand father, grand mother. They can also be three level down line.

The Criterias

When you live with a child and it's not yours, and the parents of the child are still alive, and they don't live with the child physically, legally you are his/her guardian. Local government may require you to have a guardianship document because legally you are responsible for his/her wellbeing. You need to do this to avoid any potential abduction charges incurred from the local rules and regulations. Therefore, you must qualify for a guardianship in the event one of the child's parents is an Indonesian citizen. 

The laws further imposed how a guardian must meet criterias. He/she must at least 18 years of age, physically and emotionally healthy, fair, honest and having a good behavior. Other family members must also be required to supply their opinions about how he/she may be able to perform his/her duty as the child’s guardian. They also have the responsibility to choose the right guardian because everybody knows everybody. This is the beauty of family emotional bonding.

It Takes a Village

They said it takes a village to raise a child. Well, I guess they were right. Hillary Clinton once wrote a book with this topic when she was the first lady of the United States. I read a part of it when I was younger. Such as an interesting book indeed! Please contact me if you wish to discuss this issue any further. Not about Hillary's book, but the guardianship issues I mean. I have some successful portfolios that you can use as reference in this field of law. 

At Wijaya & Co, we handled cases like this: transferring the children guardianship from their parents to their grand mother. Both of them are busy with their works and the grand mother lives in a different country. The guardianship order serves as an immigration clearance as well that allow the grand mother to have parental rights in regards to the furnishing of immigration paperworks. She represents the child and have the legal power to decide on the parent’s behalf, as if having someone to trust to take care of your children, legally.

I am Asep Wijaya. Thank you for reading my posts.

Child custody in Indonesia is a family issue that may come into subject matter of the court if you're filing for a divorce. This is something normal in relation to the divorce case. Both parents claim that they are the best for the custody of their children. But do they? How the laws in Indonesian govern something like this? Read on!

Fathers' Engagement

Nowadays, fathers are getting more engaged in the child upbringing in Indonesia. They take the children to school everyday before they go to work. Fathers read with their children at night, teach them and get involved with their everyday's schooling works. Some of them also take them for taking a bath, feed them and get them dressed decently. You can't ignore this phenomenon. This is happening everywhere. They are doing this because they think fathers can do it too. They can even do it better in getting involved with their child's upbringing in Indonesia.

Mother's Career

Just because your wife is working and have a career, it doesn’t mean that she can’t nurture the child. Just because she’s busy with work, it does not mean she may be able to lose custody of a child if a divorce case in session.

Husband and wife are equal in the marriage life. Both of them have the same rights in their career and business. According to Article 31 of Marriage Law imposed that both husband and wife have the rights to earn a living. Even sometime, just sometime, wife’s  making more money than her husband. 

Custody of a Child

When you’re still married, they called it parental authority. If you’re divorced, they called it custody. Pretty much the same issues. It just in Indonesia, we recognized custody parent, and non-custody parent. But this is in theory as in the law books. There's more to it than meet the eyes. The judges are happy as long as you and the child are happy. 

According to Article 105 of Compilation of Islamic Law, child under 12 (twelve) years old, the custody belongs to the mother. For the child above 12, he may choose his custody parent holder. Supreme Court’s ruling number 210/K/AG/1999 imposed that a mother’s privilege for child custody may be revoked if she’s committing apostate and practise other religion beside Islam.

Other Supreme Court’s precedence number 376/PK/Pdt/2011 regarding this matter is also applicable when the female spouse was committing apostate and turned Moslem. Nevertheless, the male spouse was charged with criminal sentence for abandoning their child. So, the judges favor the party with less liability in order to raise the child. 

How to Win the Custody

It’s simple: the best interest of the child! That’s the keywords. It does sounds simple, but might not be easy to do it. Many people knows it, but many of them also fail. Getting yourself involved in school with the children, and teaching them with their English reading are a good start. Really good start. Keep up the good work!

You don’t say that you are richer than your spouse and therefore makes you a better parent. You need to prove that you are better because you put the child first. You need to promote yourself, and destroy the credibility of the opposing party. It sounds cruel, but it's a divorce case anyway. The moment you lodged the case to the court, both of you are opponents. No longer husband and wife. After all, you're doing it for the child. You need to to do it in order to win the custody of the child. But hey, remember this: it's not about you. It's about the child. Read my lips, put the child first. Please contact me when you need any further assistance with this issue. We have previous portfolios that you can use as your reference. 

My name is Asep Wijaya. Thank you for reading my posts!

Wednesday, 06 November 2019 00:00

Why People Like to Get Married in Indonesia


Marriage in Indonesia is a choice of legality, simplicity, and hassle-free. The reason I put legality first is because the marriage laws protects your marriage, and a little family you raise. The laws require you to perform the marriage according to your religion belief, and recorded at a marriage registry. You need to understand that Indonesia does not recognize only civil marriage. You need to conduct religious ceremony first, before your marriage is legally recognized. In another words, solemnization first, then civil marriage, then reception party.

Bonafide of Your Marriage

The marriage registry in Indonesia will issue marriage license to both you and your spouse as proof that you are legally married. For Moslem couples, they will receive two marriage books. One original copy for each spouse. The colours of the books are brown, and green. They have the same biographic information, and both of them have your pictures too. As for Non-Moslem couples, you will receive two marriage certificates. Each spouse gets one certificate. Both certificates represents the groom and bride information and their picture together. 

The marriage license from Indonesia, both being the marriage book and the marriage certificate are legally recognized worldwide. Major countries like the United States, United Kingdom, China, and some other major European countries recognize and may be able to be used as one of the supporting documents for immigration spousal sponsorship.

Ten (10) Days Waiting Period

In order to obtain legal recognition under the marriage law in Indonesia, you need to allow ten (10) days waiting period. This time frame was meant to give time to the public to recognize you, whether you are legally free to marry or not, You need to meet the marriage requirements in Indonesia, otherwise it is challengable at the court of law. You may face annulment claim by one of the relevant parties. Please see here for further details of how you can avoid your marriage being nullified. 

Simplicity

You can perform a marriage in Indonesia with a simple, but yet legal. We cherish a marriage because it is one of the good things in life. If you can show that you are legally free to marry and have no legal impediment why the two of you should wed, our marriage registry will register your marriage and issue a marriage license. One of the most important documents to register your marriage in Indonesia ia Non-Impediment Letter. Some call it Certificate of the Non Impediment ("CNI"). Some event call it Certificate In Lieu of the Non Impediment, because this thing does not exist in a country like Canada. Since they are required to issue one, the issue it anyway.

Please give me a call or drop me an email, should you wish to talk of how I can assist you in any way you need! 

My name is Asep Wijaya. Thank you for reading my posts!

 

Marriage legalization  is applicable to Moslem couples in Indonesia. It is to legalize the marriage previously conducted under religious rites, but not legal according to the state law yet. It may be happened for so many reasons like one of the spouse was ready to make a new commitment with you, but he/she was not legally divorce yet. This can be a burden socially to you, your spouse, and your family. So, you decided to performed the religious marriage. Consuming a marriage life like this is the same thing as if cohabitation. It is the life without legal recognition. The marriage laws in Indonesia are not applicable to you, yet. Not until you legalize the marriage. 

Having a marriage legalization means you are legally recognizing the marriage previously conducted. Your official marriage date would be the date you performed the marriage. They may issue you a marriage license and the issuing date of the documents may be recent. That's fine, as it is only to show the issuing date of the documents only. When they do that, your marriage to your spouse is legally registered with the registry database. The marriage law, and family law in Indonesia are applicable normally to you, your spouse, and to your children. This is why the marriage legalization in Indonesia means for you, and your family.

The thing is, a marriage only legally recognized when it meets two requirements i.e. it is performed according the couple’s religion affiliation, and it must be registered according to the prevailing laws. Article 7 (1) of Compilation of Islamic Law stipulates that a marriage book issued by the marriage registrar is an evidence of a legal marriage. So, the marriage legalization is applicable to the marriage that does not meet this stipulation. It means you can perform the legalization of marriage for getting your marriage registered and issued a marriage book.

There would be no legal protection for the marriage without any registration. The marriage book itself is an evidence that the marriage exists. The registration is protecting your spouse, and children born into your marriage. You see, the marriage is the very basic foundation in your life. As a father, your name will not appear on your child’s birth certificate. Your spouse may not be able to prevail as your next of kin, nor your children. Your assets may not be distributed according to your wishes, and your family may not receive the benefits of your estate. This is the last thing you want. 

Article 7 (2) of Compilation of Islamic Law further states that a marriage legalization application may be lodged to the court in the event you’re unable to prove the marriage with a marriage book. The court responsible for your case may have to cross examine all the evidence you submitted together with the witnesses in this matter. There's no guarantee that the court may approve your application, therefore the attempt to legalize the marriage must be done with enough supporting documents, and compliance to the prevailing procedures with the legal system.

The outcome from the proceeding of the marriage legalization in Indonesia will give your spouse, and your children legal protection. Both of them is legally recognized both their rights and obligations according to the laws in Indonesia. Upon completion of the proceedings, your marriage will be recognized, and the court verdict is the proof of your marriage. It consist of some pages of court decision. It may not be practical, but at least it give you protection you and your family need.

My name is Asep Wijaya. Thank you for reading my posts!

 
Page 2 of 12

What's New!

Featured Library

More Library..

Featured Blogs

 

News & Events

More News..

Copyright © Wijayaco. All Rights Reserved