Child legalization in Indonesia is a very important issues. This is the proceeding to legalize the child born outside of a legal marriage. He/she has legal relationship with the mother and her family only. In order to obtain a custody privilege, the alleged father must conduct child legalization. No legal relationship will be established between the father and the child without the consent from the biological mother.
Under the laws in Indonesia, the relationship between the child and the father is not recognized when it comes to the inheritance matters. At least, if you compare it with the legitimate child. The thing is, inheritance is some arrangements that will only be done when you're gone. You don't know whether your assets are being distributed according to your wishes and whether the child entitled to them or not. This is why the legalization of child born out of wedlock in Indonesia really matters, especially if you're from a Non Moslem family.
As you probably aware, the inheritance issues are referred to the person's religion affiliation. We have Compilation of Islamic Law for Moslem families, and Civil Code. Since the issues of child born out of wedlock is very familiar with the civil law, there the law defines the child into three (3) categories as follows:
Civil Code has a very distinctive ruling on inheritance for child born out of wedlock in Indonesia. The law refer the child born out of wedlock as a "natural child." It is comprehensive and detailed. It avoids conflict between the heirs. In the event that the deceased has left legally acknowledged natural children, the inheritance shall be implemented as the following manners: According to the Article 863 and Article 865.
Article 863 stipulated that in the event the deceased has left any legal descendants or a spouse, the natural children is inherit one third of the share, which they would be entitled to if they were legal; they is inherit one half of the estate, if the deceased does not have any descendants, or spouse, but has blood relatives in the ascending line, or brothers and sisters or their descendants; and three quarters if the only remaining family is related in a more distant degree. If the legal heirs of the deceased are related in unequal degrees, the closest relative in one line is stipulate the amount of the share to which the natural child shall be entitled, even with respect to those who are in the other line.
The child born out of wedlock may inherit all the assets in the event his father (the deceased) passed-away without any other legal heir. Article 865 imposed that if the deceased has not left any legal heirs, then the natural children shall be entitled to the entire inheritance.
The above stipulation is not applicable for the child born due to incest, and adultery. The aforementioned stipulations in Article 863 and Article 865 are not applicable to children conceived through adultery or incest. This imposed by the Article 867 of the Civil Code. On another words, the child must be conceived through
As I said, the legalization of the child born out of wedlock is really matter. In fact, it's a big deal. It protects your child from the claims that may be made by other family members. Without the legalization, he only deserve 1/3 of the portion of the legitimate child. You need to do something to protect your flesh and blood. We both know that as parents we want the best for our children, and in this case, the legalization of the child born out of wedlock does really matters.
I am Asep Wijaya. Thank you for reading my posts!
Marriage in Indonesia is a spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on belief to one and only God. We take marriage a very serious matter. We require both religious and civil marriage to be conducted in order to gain legal recognition. The marriage is legal if you perform the religious marriage before the civil one. We have two types of marriage ceremony in Indonesia i.e. Moslem marriage, and Non-Moslem marriage. Both types of ceremony must go through religious marriage. As for Moslem marriage, they don't require civil registration as it is legally recognized.
Getting marry in Indonesia is simple, legal, and hassle-free. We encourage people to marry because we think running a marriage is the same thing as if you're worshiping God. That may be the reason why the require religious marriage comes first before the civil one. Apart from that, there are ten (10) piece of marriage checklist that you must meet with before lodging the notice of intention to get marry. At Wijaya & Co, we always pay attention to details of our client’s case.
Minimum Age to Marry
In September 2019, the Indonesia's parliament passed a bill on revising the 1974 Marriage Law regarding the minimum age to get marry. You must be at least 19 (nineteen) years of age to be able to get marry legally. The minimum age limit applicable both to bride and groom.
You must wait at least 10 (ten) days waiting period in order to perform the marriage. This is to meet the publicity requirement. During this period, the marriage registry will publish the notice of the marriage intention to the public to see the if they have any objection to their marriage. Any objection why the two should not be married must be made within this waiting period. Therefore, speak now or forever hold your peace.
Since Indonesia has two types of marriage ceremony, we have also two marriage registries. Office of Religous Affairs (so called "Kantor Urusan Agama" / KUA) for Moslem couples, and Civil Registry for Non-Moslem couples, such as Christian, Buddhist, Hindu, etc. Your marriage registry must have jurisdiction according to your legal domicile. Your actual residence may not be the same with your legal domicile. Therefore, always check your paperworks before lodging any marriage intention.
Legally Free to Marry
You must legally free to marry to your partner. You must supply a certificate of singlehood, if you're single. Your divorce must be absolute, if you're a divorcee. Your divorce certificate must be surrendered in order to get marry and a marriage license will be presented as your new status. If you're a foreigner, you need to supply a certificate of non-impediment letter. It certifies that you are legally free to marry. It must print your name and the name of your fiance(e).
Bride and Groom
A legal marriage must have a bride and groom to perform the marriage. You must be present during the ceremony. The bride is a female, and the groom must be a male. Indonesia does not recognize same-sex marriage. It is illegal in Indonesia. Straight only!
You must provide at least two (2) witnesses to testify during the marriage. They're must be adult and aged above 19 years of age to be a witnesses. As for Moslem marriage ceremony, the witnesses must be men. They can be either from your family members, common friends, coworker, etc.
You need a marriage guardian to get marry. You need to have his blessing. If you were to marry in Moslem ceremony, the marriage guardian must meet certain requirements. The guardian is the bride's biological father. If he passed-away, her grand father must replace his place. If both of them are gone, you need her biological brother from the paternity line to replace both of them and perform the ritual of marriage.
It is highly recommended to sign a prenuptial agreement before the marriage. It is very useful to secure your financial interests in order to protect your family future from unwanted business risks, preclusion to own property in Indonesia for mixed-marriage couples, etc. Please contact me for further information regarding the prenuptial agreement. Our prenup is the best product in the market. It protects you and your family future.
The dowry is a present you give to the bride for accepting the marriage to you. The presents usually in the form of jewellery, such bracelet, necklace, etc. This symbolize the bond of the marriage between the two persons.
You need to celebrate the marriage with at least a small feast. It is advisable to provide at least snacks and drinks to people who come to your wedding.
Those are the ten pieces of marriage checklist that must exist in your marriage in Indonesia. As I told you, we take marriage very serious. One item missing from your marriage proceedings may cause you marriage challengeable.
I am Asep Wijaya. Thank you fo reading my posts!
Prenuptial agreement in Indonesia is an agreement you sign with your partner before performing the marriage. The date when you execute it must shows clearly that it is being entered on or before the legal marriage date. I have reason to believe that your legal marriage date may be different than the solemnization date. It because the marriage in Indonesia is considered legal when you perform the religious marriage prior the civil ceremony, unless of course, if you were married in Moslem rites. The latter requires no civil marriage registration. So, the prenuptial agreement must be entered into before the date of the civil marriage, the legal one.
Prenup: The Beginning
Let’s have a look what the law said about it in Article 119 of Civil Code stipulates that 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. There you go, the prenuptial agreement must be executed before the marriage. Beside, if you did not sign any prenup, you will have joint property ownership. This condition is preventing your Indonesian spouse to keep owning a property after she/he married to you.
The validity of a prenup begins when you and your partner sign it and register it with the marriage registry. The laws said it is valid when the officer at the marriage registry is to legaize the prenup. So, they are actively legalising the document. While in fact, they are only conducting registration of the prenup together with the registry of your marriage. This is extremely important because this action giving you a legal recognition to make the prenup valid between you and your spouse. Without this, your marital agreement is nothing but worthless piece of paper. It has no legal effect and won't do any good for your mixed-marriage life in owning a property in Indonesia. The registration of the prenup applicable to all the marriages performed and registered under the laws of the Republic of Indonesia, in accordance with the Circular Letter of Civil Registry Directorate General number 472.2/2017 for Non-Moslem, and Circular Letter of Ministry of Religion Number B.2674/DJ.III/KW.00/9/2017 for Moslem couples.
I am an old-fashioned guy, so I would recommend to register the prenup with a district court. This is to make your prenup valid legally against third party. Your property ownership involves other third party such as the government, banks, creditors, etc. The publicity requirement is met when you're registering the prenup with a court. Please refer to Article 152 of Civil Code that states: "No stipulation in the prenuptial agreement which deviate entirely or partially from the provision regarding legal community property shall apply to third parties, earlier than from the date of copying such stipulations in a public register, which shall be done with the court clerk at the court of justice, within those legal jurisdiction the marriage was executed."
One item missing in your prenup might cause it challengeable. This can be a potential loophole you don't want to miss. At Wijaya & Co, we always pay attention to details of our client’s case. You better have an umbrella when it does not rain, instead of you don't have one and it gets rain. Indeed, it won't stop the rain, but at least it will make you stand in the rain.
Which Prenup is for You?
In the event you are a foreigner planning to marry to an Indonesian, the prenup have certain issues that must be addressed to. First, we have many types of the prenup, You need to get the right one. Failure to do so will affect the ability of property ownership in your mixed marriage. You need to get a prenup with total separation of property. This is applicable to both the assets and debts of the couple. Don't use the one that suggesting joint property ownership. This one is the last thing you need. They have an old Dutch term for this: "Gronds verponding verbood." Forgive my rusty Dutch. The idea of having this type of prenup is because the laws forbid foreigners to own lands in Indonesia. Article 26 (3) of Basic Agrarian Law imposed that in the event by marriage, inheritance, or by any other means she/he loses the citizenship of Indonesia, he/she must transfer the title of the land to other third party or the state will take possession. Please contact me should you wish to draw-up a more suitable prenuptial agreement that just right for you!
In terms of mixed-marriage, I would say the above situation only applicable if you marry to a foreigner and your status in owning the property is legally affected by your foreign spouse. Since the property falls into the definition of joint property, both of you co-own the assets and therefore require consent from each other. This is not good. In any way, the consent may not be retrieved because the foreigner is not in the legal position to own the property in the first place. The ideal situation is no consent is required from either party to execute any property transaction. Either party is independently to act on his/her behalf. The idea is to keep the land with the Indonesian only.
The Assets Transfer
Second, legal constraints as set-out by Article 21 of Basic Agrarian Law certified that an Indonesian is precluded to own a freehold title after she married to you as a foreigner, without any prenup. In the event, the Indonesian spouse passes-away, you may keep the property for 12 (twelve) months. Unless, if you transfer the title to other Indonesian. Transfer means you can sell it, give it away or inherit to your child, provided she/he is an Indonesian, of course. Standard tax rate is applicable for this transaction.
You can also to downgrade the title from Hak Milik (freehold title) to Hak Pakai (Leasehold). It valids for twenty years or so. You can renew it after. This can be the smart solution if you want to keep the property for quite a while. Until you know what to figure out next.
Next of Kin
The third one, you should consider the inheritance to you next of kin. Inheritance issues in Indonesia are referred to a person’s religious affiliation. If you were in Moslem family, the people in layer one, the next of kin in the event one passes-away, are very crowded. If you want the assets distributed to just the surviving spouse and the children, and prevent the other extended families to even touch them, you should consider a last will. Seriously.
You can specify your spouse as an administrator of your assets after you're gone. You can also nominate the other person, like your sister acting as one of the other administrator, should your surviving spouse is not available or is not able to execute your last will. This is what we called estate planning. This has to be done correctly and with the right way. Please contact me should you wish to discuss any further about this. You can drop me an email or give me a call to have a free assessment of how can you move forward with the solution available for you.
My name is Asep Wijaya. Thank you for reading my posts!
Getting divorce in Indonesia is not easy, especially if you were married abroad, but is still doable. You can rely on the court in Indonesia to dissolve your foreign marriage. This is not the case that they usually see on daily basis. This is about making Indonesia as your primary jurisdiction. Some regular legal issues in terms of divorcing in Indonesia may not be applicable to your case. For example, the marriage must be registered or reported to the marriage registry in Indonesia, you must possess a marriage certificate issued from the marriage registry in Indonesia, or none of you are Indonesian national. Those things are not required to exist in your case. This is a foreign divorce case. It's part of the international civil law in Indonesia.
Reporting of Foreign Marriage
When you're married outside of Indonesia, both of you are foreigners, and either of you work in Indonesia, you don't have to register or report marriage in order to divorce or dissolve your marriage here. You don't have to get a marriage certificate from the civil registry or you don't have to retrieve a marriage book from the Office of Religious Affairs (so called "Kantor Urusan Agama"/KUA). When you're married, you're married. Since both of you are foreigners, no further reporting of your foreign marriage is required with the above marriage registries. Foreign marriage reporting is only applicable to you in the event one of you are an Indonesian national.
This thing has something to do with the term of "Lex Loci Celebrations." Literally, this term means the law of the land where the marriage was celebrated. A marriage or a union of a man and a woman when lawfully and validly celebrated under the relevant law of the land where the two individuals have legal nationality or citizenship, is also lawful and valid in the country where they live (reside or are domiciled).
Principle of Minimum Contact
Prenuptial agreement in Indonesia is highly recommended for mixed-couples in Indonesia. This is the only way to get around the legal issues exist in your matrimony as imposed by the prevailing laws in Indonesia. What exactly is that? Simple, they don't want foreigners to really own a piece of property in Indonesia. At least, under Hak Milik. It is similar to freehold title that you can keep it for good, no expiry date, and you can inherit it to your children in the event you pass-away.
Literally, they want property ownership for Indonesian citizen only. So, when you're marry to a local partner, and you want your spouse to maintain her/his rights to property ownership in Indonesia, prenup is advisable. Get a good one! Something that could protect you, and not to make you jumpy when you executed it to secure a property purchase. At Wijaya & Co., we always pay the details of our clients' case.
The idea behind a valid prenuptial agreement for mixed-marriage couples is to avoid joint property ownership. Your prenup must promote separation of assets in order to meet the situation required by the Indonesia's Basic Property Law. If you have no prenup, it means there is a joint property ownership in your mixed-marriage. If such thing exists it means that there's foreign ownership in the property. The Indonesian spouse is effected as both the husband and wife co-own the assets. Please contact me to identify the dos and don'ts regarding a valid prenuptial agreement in Indonesia.
When you co-own the assets with your foreign partner, you need to retrieve consent from him/her, which is not possible to get. You need it but he won't be able to give it to you because he is not in the legal position to own a property in Indonesia in the first place. The legal constraints come from the Article 21 of 1960 Basic Agrarian Law stipulates that an Indonesian married to a foreigner is precluded to own a property in Indonesia.
A prenup in Indonesia is governed under contract laws. In order to enter into a valid one, you need to make sure you meet all the requirements for contract eligibility as set-out by Civil Code 1320, as follows:
The contents of your prenup must not include reduction or limitation to several rights of the husband, wife, and the children born into their marriage. Your prenup must not have a clause that limits the authority of a husband. The agreement does not interfere with the rights, which originate from the man, in such capacity, and with the paternal rights, neither will it interfere with the rights which the law has granted to the longest living spouse. They are also entitled to stipulate, that, notwithstanding the legal community property, the immovable assets, the recordings of State debts, other negotiable instruments and indebtedness, attributable to the wife, or those, which, during the course of the marriage, will be added to the community property as her share, will not be transferred or encumbered by her husband without her consent.
Your prenup must not consist a clause that limits the authority as parents. The agreement must not prejudice the rights afforded to the man, as head of the legal union; without prejudice to the rights of the wife to control the management of her movable and immovable assets, and to enjoy her personal income freely.
The rights of a surviving spouse may not be limited. It must not reduce the rights of surviving spouse and the children born into their marriage to inherit the deceased spouse. The prospective spouses, may not in the prenuptial agreement, renounce their legal obligation regarding the inheritance of their descendants. In addition, they cannot regulate the inheritance of their descendants in the prenup. You need to write a separate last will to distribute assets in the even you're pass-away.
You may not to draw-up a clause in your prenup that either party has larger portion in a debt or loan. They may not enter into an agreement to the effect that one is liable for a larger portion of the joint marital property debts than the other. That just not fair!
My name is Asep Wijaya. Thank you for reading my posts!
Last will in Indonesia is a legal instrument to distribute your assets after you pass-away. This is your preferred way to get the people you care most to inherit your assets notwithstanding any prevailing rules and regulation regarding inheritance in Indonesia. You can distribute any rights and obligations in the field of property law to your next of kin.
There are three (3) different inheritance laws in Indonesia, and you must specify one law in your last will. We have Customary Law, Islamic Law, and Civil Inheritance Law. The three laws are very different to one another. You may opt one law, regardless your religion affiliation, and once you made the choice, you must stick to it and your family members must respect your option.
As the person who sign a last will, you will be called a Testator. In order to have a valid last will, you need to comply with several terms and conditions. Some of them are simple, some of them are quite tricky. But let's take it one step at a time. Shall we go over the rest of them?
In order to be eligible to write a last will, you must at least 18 (eighteen) years old, and you're married. This is the legal requirement that you must comply with. There's no exception for this, otherwise your last will is challengable. Inheritance matter is for real.
In accordance with the Article of 897 of Civil Code imposed that minors, who have not reached the full age of eighteen years, are not allowed to make wills. The competence of the Testator shall be judged based on the condition that he was in at the time that the last will was made. At Wijaya & Co., we always pay attention to our clients' case details. Please contact me should you require any further assessment regarding your valid last will in Indonesia.
The Subject Involved
The people involved in this case are the deceased with assets to distribute. He/she is called the Heiress. The other that involved in this are called the Heir. This is the people that eligible to inherit after meeting the legal requirements. The heir must be born at the time of the inheritance was opened, and he must alive.
The Capacity to Inherit
You must have legal capacity to inherit from the deceased. A person must meet the following requirements in order to eligible to receive an inheritance:
How Can You Inherit?
There are several ways you can inherit something from the deceased. You can inherit by law by becoming yourself, or by replacing someone's place. As a child of your parents, by law you have all the rights to inherit all your parents' assets. You can also acting as a replacement of your parent to receive inheritance from your grandparent. This replacement capacity may only happen in the event your parent has passed-away.
You may not be the person related to the deceased via blood nor a marriage. The other way you can inherit is through a last will. The deceased must include you in his last will as one of his next of kin to receive an inheritance from him after he's gone. There are strict terms and conditions that must be met in order to eligible to inherit via this route. The maximum you can inherit under this scheme is 1/3 after deducted with all the liabilities and expenses.
Executing Your Last Will
Following the death of the testator, the last will shall be submitted to the probate office. Probate is the proceeding of establishing the validity of a last will. In Indonesia, the government office like this called "Balai Harta Peninggalan" (BHP). The last will must be submitted to the probate office within the jurisdiction of the available inheritance is located. This board open the last will and draft minutes of the submission and the opening of the last will, and is include details therein of the condition that it is in. Thereafter be returned to the your legal representation for further execution of the inheritance.
The Article 955 of Civil Code imposed that upon the death of the testator, legal title to the properties shall devolve upon the beneficiaries named in the last will as well as the individuals to whom the law grants part of the inheritance.
My name is Asep Wijaya. Thank you for reading my posts!
Police clearance certificate in Indonesia also known as Surat Keterangan Catatan Kepolisian (so called “SKCK”). This is the police certificate that certifying your crime record. Previously, known as Good Conduct Certificate (Surat Keterangan Kelakuan Baik/SKKB) certifies that you are not involve in a crime until certain period of time. Both terms are referring to the same thing.
The police clearance certificate valid for six (6) months since date of issuing. You may submit a renewal application when you think you need a longer timeframe.
If you stay in Indonesia for more than six (6) months, according to our experience, the following countries would require a police clearance from Indonesia:
Terms and Conditions
Police clearance in Indonesia can only be issued if you stay in Indonesia under a KITAS (Kartu Ijin Tinggal Terbatas/Limited Stay Permit). This is your residency permit as issued by the local immigration office in Indonesia. The KITAS can only obtained through sponsorship of employment or spousal.
If you are a foreigner, the required supporting documents for the application of police clearance are as follows:
Some people might not have all complete supporting documents that cover the period of your stay in Indonesia, or you just don't have the required documents but the police clearance is imposed on you by the immigration authorities. This is not a personal attack on you. This is what happen if you're working with bureaucracy everywhere. Please contact me and we'll discuss how you can move forward with your application.
If you are an Indonesian, the police require the following supporting documents:
The police headquarters require you to supply the police clearance from your local Polres (local police precinct) in the city where you live, before they can issue you one that valid internationally. The reason behind this is because the Polre may know better about your background than the headquarters.
The police clearance certificate from Indonesia is very complete and has the details of your biographic information, including your fingerprints formula. Each person has very specific fingerprints and non-identical from others. Just like DNA. It consist of number and letters that represent pattern of your fingerprints.
This is the reason they may require you to present at the police precinct. They need to take your fingerprints with ink, and examine it in order to retrieve a formula. Please let me know should you are not be able to come to the precinct for fingerprints collection. In some cases we handled, other precinct fingerprints formula are also acceptable for further examination.
My name is Asep Wijaya. Thank you for reading my posts!
When you're purchasing a land and/or a house in Indonesia, you're dealing with a seller or the representative of the seller. You must deal with the owner of the property in order to protect your future investment. The owner must have legal rights to own the property that you are looking to buy. When he has the legal rights in the property, he must has the title of ownership that can be transferrable to you as the buyer.
He must be able to present his certificate of title to prove his ownership. The certificate is issued by the government of the Republic of Indonesia. The authorized government agency that responsible for issuing a certificate of title called Badan Pertanahan Nasional (National Land Registry), so called the BPN. They have offices in every city in Indonesia.
The certificate of title for the house you are going to buy is issued by the land registry office where the property located. The property such as land, houses, apartments are classified under the category of Immovable Property. The legal owner of the immovable property is the person whose name printed on the title certificate.
Ownership of the Property
The ownership of immovable property is different with the movable ones, such as cars, etc. The legal owner of this type of property is the one whose name(s) printed on the certificate of title. If the ownership has passed-away, his next of kin is the property’s legal owner. They usually consist of the surviving spouse, and his/her children. So, if the owner of the property has gone, make sure you’re dealing with the right person.
As for the movable assets such as cars, the person that controls the property can be considered as the owner, although you might want to check the ownership of the certificate as well. Please contact me should you wish to discuss any further about this.
The certificate of title in real estate property is a strong evidence that serves as proof of ownership, as well as proof of registration from the local land registry. Article 19 of Basic Agrarian Law certified that the government of Indonesia is conducting land registration in order to provide legal privilege to the owner whose name printed on the certificate of title. You will automatically be included within the land registry database and therefore are subject to the prevailing laws and regulation in Indonesia.
It is very important to conduct a background check before you’re making any further transaction with the seller of the real estate property. This will give you sufficient information about the current status of the property, as well as its title. The information is enough to get you to decide whether you want to proceed with the sale and purchase transaction.
You will see if there’s any mortgage put on the property. If yes, you need to make sure the owner to remove the mortgage first, before making any further transaction with you as the buyer. You will also find out if the property is under any potential dispute or no. The background check is extremely important and I would suggest not to proceed with the transaction before the background check has been finalized. At Wijaya & Co, we always pay attention to details of our client’s case.
Transfer of Title
You need to perform a proceeding of title transfer when you purchase a real estate property. Your name must be registered as the latest owner of the property after you executed the sale and purchase agreement, and remit the payment to the seller. They will include the details of the agreement you executed with the seller of the property, as well as the date when you entered the agreement.
They will print your name as the current owner of the property on the certificate of title. This proceeding involving the local land registry where the real estate property is located. You will be recognized as the legal owner after the proceeding completed. Please contact me should you wish to discuss any further about this.
My name is Asep Wijaya. Thank you for reading my posts!