Marriage in Indonesia is the basic foundation for almost everything in your life. We take it very serious as failure to do do will make you end up with several consequences. It affects the whole aspects of your family such as children, inheritance, property ownership, including the relationship between you and your partner.
In order to prove the importance of the registration of a marriage, Indonesia has more than one laws during the time of early independence up until now. The recent one was issued in 2018 by the Ministry of Religion Affairs under regulation number 19 of 2018 regarding Registration of Marriage. This regulation issued for Moslem couples marriage with the Office of Religious Affairs (Kantor Urusan Agama/KUA) as the government institution responsible for conducting and keeping records of the marriage. This new regulation introduced new product as proof of the registration i.e. marriage card. Apart from the existing marriage booklets, the marriage card has details about your marriage too. The card is the short version of your marriage evidence.
The procedures for marriage registration must be initiated by lodging a Notice of Marriage Intention. The notice must be filed within ten (10) working days before you can perform the marriage. If you wish to get marry less than ten (10) days, a special dispensation is required from the district head in the area of your residence. People usually plan the marriage ahead. So, getting marry in a short notice usually would require special attention. At Wijaya & Co., we always pay attention to the details of our clients’s works.
The notice of marriage intention lodged to the marriage registry must be supported with the following documents:
Upon receipt of your notice of intention to marry, they will conduct documents verification by interviewing you, your partner and your parents. The interview is to identify any potential legal constraint that may be exist in your relationship. They will deny your application in the event you have incomplete supporting documents or they identify any potential legal constraint. They will reject application and they will let you know the reason why. Please contact me for getting your application accepted smoothly.
In the event they accept your marriage notice, they will post it for public for ten (10) days until you’re up for the wedding. The notice shall also be published in other media as deemed necessary. This is in order to reach public as much as possible. It is according to the principle of positive publication with the registry of marriage in Indonesia. Furthermore, the registration of the marriage shall be conducted after you performed the marriage.
Your marriage may be performed after meeting the following requirements:
The marriage books as proof of marriage registration will be presented at the end of the marriage ceremony to both husband and wife. So they will give you two original marriage booklets with two different colora: brown and green.
My name is Asep Wijaya. Thank you for reading my posts!
The laws and regulation in Indonesia recognize two (2) types of public and private adoption. Public adoption is applicable in the event, the child was abandoned or neglected by his/her birth family, and raised by a foster care institution managed by the government. The relevant institution in this matter is Ministry of Social Affairs. As for the private adoption, the proceeding takes place between the biological parents and the adopting parents directly.
Adopting your step child in Indonesia can bring your family close together. You adopt your spouse's child, and legally you are family as if the child was born into your marriage. Your spouse may insist you to do it, but your willingness to do it that keep the marriage intact. You know, things a man do for his wife and his family.
There are some pointers that you need to be aware of regarding the adoption of your step-child, they are:
Consent is required from the biological parents, both the child's father and mother, if the child was born into a legal marriage. In the event the child was born out of wedlock, the consent from the child's mother is a must. The mother has full authority as vested by the Civil Code as related to the child, including when the alleged father wish to acknowledge the child. The authority of the mother solely comes from the Article 284 of the Civil Code: "No acknowledgment of a natural child is, during the lifetime of the mother, notwithstanding that she may be of Indonesian descent or descended from a similar indigenous group, be accepted, if the mother does not approve the acknowledgment." I am not saying that as the alleged father of the child you don't have any right at all, you do. The Constitutional Court confirmed your rights, but you must willing to go the extra mile in order to do that.
The Best Interest of the Child
The adoption proceeding that you are conducting is promoting the interests and welfare of the child. You must be able to prove this by supplying information that you are doing everything in your power to provide the child. You need to prove that the aim of the adoption is obtaining the welfare and protection of the child. You need to enter into a declaration that you are willing to be responsible for supporting the child on daily basis.
Basically, we pride ourselves with our nationality principle that all the Indonesian men are subject to the Indonesian law, wherever they are. This is the basis from the continental legal system. If you were married to a foreigner, your foreign spouse must use the Indonesian partner's jurisdiction and therefore a choice of forum is applicable. You may choose the jurisdiction of your Indonesian spouse through her/his domicile. This can be seen on his/her ID card. Article 14 of Administration of Population Law certifies that the ID card (so called KTP/Kartu Tanda Penduduk) is the official identity of a resident and is valid within the entire territory of the Republic of Indonesia. So, this is your jurisdiction as well as our laws do not require you to have a habitual residence to perform an adoption of your step-child in Indonesia.
Indonesia is not one of the Common Law countries that imposed you to have a minimum contact by having a residency at least for six (6) months. Nevertheless, you need to further consider about the requirements from your country of origin if they require you to have a residency in Indonesia. You may retrieve a spousal dependent visa in order to meet the requirement imposed on you regarding the habitual residence during the adoption proceeding.
My name is Asep Wijaya. Thank you for reading!
Getting marry is going to be the best decision you'll ever made. It is a simple decision with the a future lying ahead of you. They said the marriage is the foundation to everything in your life, among other, property. Both husband and wife are to have joint property ownership after the marriage, if they did not sign anything like a prenuptial agreement. Sometime, you don't get one just because you thought you did not need one. But now, the Constitutional Court revised the Article 29 (1) of the Marriage Law that the marital agreement may be entered as well during the course of marriage. The verdict number 69/PUU-XII/2015 officially created a postnuptial agreement on October 27, 2016 as one of the legal instrument in management of your assets in the marriage. Now, you can have one when you feel you need one.
The ideas behind this decision to officially allow the postnuptial agreement for married couples were to create separation of property and assets between husband and wife. Their separate assets are protected. No drama in fighting for property division. The same idea also applicable to debts. Husband and wife shall responsible for debts they created. The postnup therefore shall create separation of liability during the course of marriage. Furthermore, no consent is required from each of the party in the marriage in the event they want to sell their own separate assets. As for loan application with the bank, neither party is required to obtain consent from their spouse in putting their separate assets as a mortgage. In view of the above, the court wants both parties are totally independent in managing their assets. This is a fine legal reasoning. The Constitutional Court, they keep-up with the contemporary developments within the society in Indonesia. Awesome!
The validity of the postnup shall be initiated as soon as you’ve signed it. It is applicable since you entered it, and it is advisable not retroactively backward. It is applicable on actual date. This is to avoid any conflict of interests with any third party, because since the marriage date the couple might have been created jointly owned marital assets. It is very difficult to differentiate which property belongs to separate or joint property. You may potentially jeopardize the third party’s interests such as banks, and other investors in your marital assets. If you should retroactively draw the postnup back to the marriage date, at least you need to have the properties included into the exhibit and make sure they are mortgage-free. Apart from the ones listed in the exhibit, they belong to both of them. The couple is to have equal shares. This will also include the creditor(s) having a portion in the unlisted properties for the part that a mortgage has been put under. You may want to contact me here to discuss any further about this matter.
The postnup created under the verdict from the Constitutional Court has potential challengeable issues. The verdict put a notary as the party that legalize the postnup. According to the civil law procedures doctrines, this is not a proper ruling. They put the role of a notary to substitute the authority of a judge. You see, having a prenup and not having a prenup is a big deal, because it creates a property separation during the course of marriage. This situation is full of potential issues because when you're having a property, whether you like it or not, it involves other third party(ies) too, not just you and your spouse. The other third party such as bank as the lender if the property under mortgage, the government through the BPN (Badan Pertanahan National/National Land Registry), and other party that may have interest in your assets acquired during the marriage. At Wijaya & Co., we always pay attention to our clients' details and therefore issues are identified before they become potential hiccoughs.
By having a notary legalizes a postnup, they are driven to declare some new legal situation. Last time I checked, this is the domain of a court through their legal instruments i.e. court decree. They called it a Declaratory Verdict. It creates a new legal facts, a new situation. For instance, declaring from joint property ownership to separation of ownership. As far as I concern, the court have a very established sets of law in civil procedures. Before finally reaching the verdict, the court must conduct a cross examination. This is a very important phase in civil legal system. If you were not happy with the verdict, you may file an appeal to the higher court within 14 (fourteen) days since the date the verdict reached. If there was nothing within that set of time-frame, the court finds that you are happy with the verdict, and everybody can get on with their lives. Your Indonesian attorney may proceed to draft a postnup for you.
You can't have those situations if a notary is to legalise the postnup. The convert from joint property to separate property, is not legally assessed with substantial rule of evidence, like the one they're doing it at a court proceeding. If one of the spouses was not happy, or seek any potential leeway that may benefit them in a divorce case, they might want to revoke the prenup. I would say they may be able to do that. Therefore, the postnup as its final outcome, is challengeable, and may be voidable. I would suggest you should consider it with full discretion. If your situation is full with substantial marital property, you should decide if any further reasonable action may be taken to secure your interests.
My name is Asep Wijaya. Thank you for reading my posts!
Marriage performed outside of Indonesia is not automatically legal and recognized. You must willing to go through the extra mile in order to gain recognition under the laws in Indonesia. We called it reporting of foreign marriage. This thing has substantial implication to you and your family. The marriage indeed is the foundation to everything important in our lives i.e. the children, property, inheritance, etc. You make a mess with the marriage, you're messing with your own life. Not to mention your children. So, whatever you do, always think twice.
The foreign marriage reporting has a set of time frame as imposed by the prevailing laws. You need to comply with it. They said don’t put till tomorrow what you can do today. This must be the reason why they put such a time frame in place. The reporting must be made within 30 (thirty) days since you return in Indonesia after the marriage. The older version of the law sets more leeway to report it i.e. one year. They use the new rule, without revoking the old one. The old one is the 1974 Marriage Law, and the new one is the 2003 Administration of Population Law. The old law is considered as general regulation, and the new one is a very specific law governing certain issues. The marriage registry in Indonesia, they tend to use the 2003 for governing your foreign marriage reporting. At Wijaya & Co., we alway identify the issues before they can potentially turns into a problem.
There are two conditions or requirements that must be fulfilled in order to create legal recognition with the foreign marriage in Indonesia. First, formal requirement. The marriage is legal according to the local rules and regulation where it is performed and registered. So, when you’re married, you’re married. The laws in Indonesia will mirror anything that takes place in the country where the marriage performed and registered. Second, material requirements. This conditions applicable absolutely to the Indonesian citizen. It must refer to the prevailing laws and regulations in Indonesia especially regarding marriage. Issue under this criteria is, among others, the minimum age requirements to get marry. Mixed religion is also part of the material requirements. Failure to meet this requirement, the marriage may be voidable. It may be challengeable at the court of law. There’s a slight possibility that the marriage may be legal in the country where you register it, but it might not be recognized under the laws in Indonesia. It’s a quite tricky situation, please contact me should you wish to discuss any further about this. Things may be overlooked. This potentially can turn into something inevitably unpredictable. This can be used as one of the grounds for an annulment. See, there's more to this than meet the eyes.
Article 56 (1) of the Marriage Law imposed strict requirements as well as time frame for foreign reporting marriage to the Indonesia’s government. This law was retrieved from the Principle of Nationality that every Indonesian citizen submit themselves to the laws of the Republic of Indonesia, wherever they are. You see, this is the interesting part of your foreign marriage. The idea behind the issue is an ancient government ruling took place from the colonial government back in 18 century. It was the Algemene Bepalingen ("AB") in the Article 16. This ruling is still there until today and become the basic law of how we determine our individuals can access the legal system wherever they are. We proud ourselves that the laws of Indonesia is always prevail in the life of every Indonesian, even if they are not on the Indonesian soil.
So, the other inevitable legal consequences for getting marry in a foreign country is, among others, without you even realize, you’re inviting other foreign law elements into your marriage life. Not to mention, if your spouse is non-Indonesian. Another foreign law element is joining the club. You know, two is a company. Three is a crowd. You even have higher potential that you may overlook things. But remember, things can be mitigated with the help from the experienced international civil law in Indonesia.
My name is Asep Wijaya. Thank you for reading my post!
The origin of a child is a legal proceeding conducted with the child born out of wedlock in Indonesia. This is to create a relationship between the child and the biological father. It happens when you conceived a child before your marriage legally registered. This may be happen for so many reasons, among others; either of you are not legally divorce when the child was born, you're both legally free to marry but think that the marriage is not for you; or you performed the religious marriage, but not the civil one. So the child comes first, and then the marriage thereafter. By law, the child has only relationship with the mother and her family. You need some extra efforts to establish the connection between the child and its father. The laws in Indonesia has set-out the way forward and it's up to you if you're willing to go the extra mile. Other people have done it, and now it's time for you to do it.
We have Article 43 (1) of Marriage Law certifying that the child has the legal relationship between both the mother, and the father as well as their families. Nevertheless, such claim must be supported with scientific evidence, and other related evidence to prove their blood connection, including civil law relationship with the family of its father. The revised version of this Article has been amended by the Constitutional Court with the verdict number 46/PUU-VIII/2010 on February 17, 2012. In another words, you need to retrieve a DNA test. The results must be 99.9999% that you are not excluded as the father of the child. Take a test of you and the child. They will take your saliva with a tiny cotton bud. It will take less than 30 (thirty) minutes, and then you can call it a day. They will let you know within approximately three (3) weeks. Nervous? You tell me. Please contact me should you need any further arrangements like this. I will certainly love to assist you with the direct direction.
The idea behind the verdict was not only because the marriage between the biological mother and the man that gets her pregnant, but also because the blood connection between the child and the alleged father. Apart from the marriage between the two of them, the child must be legally protected. Therefore, the birth of your child must be reported to the civil registry office within 60 (sixty) days. The strict time-frame is imposed according to Article 27 of Law number 24 of 2013 regarding Administration of Population Law. You will see only the name of the child and its mother, but it is a starting point to initiate the process. The civil registry is to register the birth of your child. They don’t have any authority to prove the relationship between you and your child. You will have to do it in the court of law. At Wijaya & Co., we handle legalisation of the child born out of wedlock as part of our scope of practice. Your Indonesian attorney knows technicality like this. Get one with experience in this field. You'll get hicough-free processing case.
Before you sign that paternity affidavit, you have to make sure that you have the consent from the biological mother. Otherwise, the process will turn sour and your application might be end-up in limbo. The consent from the mother is a statutory requirement in Indonesia. You need to secure that before the application lodged to the court. This proceeding requires both of you to work together for the best interests of the child. I am not saying that you should light the flame between the two of you again. Although this thing does not require you to get marry to each other, but at least you must be able to sit down together and talk without pointing fingers. Think you can do it? If you do, click here to give me a call or drop me an email to get our legal review about your case.
My name is Asep Wijaya. Thank you for reading my post!
Prenuptial agreement in Indonesia is highly recommended to mixed-marriage couples. They are the ones with different nationalities i.e. Indonesian and foreigner. This matter has been an issue since 1960 as governed by the Basic Property Law. The only legal way to get around this issue is by having a prenuptial agreement. This document allows you, the mixed-marriage couples, to own property in Indonesia. The ownership title is under Hak Milik (Freehold Title). It is the strongest title and can only be owned by an Indonesian national.
Every marriage registered under the laws in Indonesia will automatically have joint property. This situation is applicable to all the properties acquired during the course of marriage. As for the assets acquired before the marriage, gifts from third parties, and inheritance, they are under the control of each party. This is not a favourable condition for mixed-marriage couples as the Indonesian spouse is precluded to own a freehold property. It simply because the marriage to his/her foreign spouse and the matrimonial regime the Marriage Law created. Article 35 of 1974 Marriage Law imposed that the parties may create different arrangements, and it is legally acceptable. The arrangement made by the parties before they get marry is called prenuptial agreement. Both parties are allowed to create such different terms and conditions in the property ownership effective since the date of the marriage. Please contact Wijaya & Co., for further details on this matter, I would certainly love to assist you.
We have three (3) types of prenuptial agreement in Indonesia. The first one is the type that creates separation for the assets acquired before the marriage, and joint the assets during the course of marriage. The second one is the type that shares the benefits or profits during the course of marriage, but not the loss and its related liabilities incurred down the line. The last one, here's the best part, this is the type of total separation both before the marriage and after the marriage. The separation takes place both to the profits, benefits as well as the loss and liabilities arising out of the assets acquired before they get marry, and after they tie the knot. This situation gives both parties, including the Indonesian spouse in the mixed-nationalities marriages, to act freely and therefore require no consent from his/her foreign spouse to dispose the assets.
The prenup will take legal effect upon the marriage of the parties. In the event they cancel the marriage, the prenup will not be valid. You need to make sure that your prenup is being registered with the court. This is to meet the third parties' legal interests in your property ownership in the marriage. Without it, your prenup will not be recognized legally. I'd say it's challengeable. We'll discuss later about it. Apart from that, it must also be registered at the marriage registry. You need to make sure the contract can be legally upheld between the two of you, husband and wife. I've seen many prenups missing those two important thing. You should consult your experienced family law attorney for further inquiry on this matter. At Wijaya & Co., we have team of lawyers who loves to give you a detailed advice on your case. Some of those missing items may require further legal proceedings with the court.
The arrangement to enter into a prenuptial agreement for mixed-marriage couples is according to the stipulation that a husband has an obligation to protect his wife. He also has the obligation to provide her needs according to his financial ability. By doing the property separation in the prenup, the husband allows his wife to hold the property under her own name. It's preserving her/his rights as an Indonesian in owning freehold title. This may a big deal for some men, but the ones that doing it are the one that set aside ego and put his family interests first. Article 34 (1) of the Marriage Law imposed that failure in performing his obligation may be used by his wife to file for marital dissolution to the court of law. The application may be carried-out under the ground of abandonment. So, having a prenup is something that you might want to do. It protects your family, giving your Indonesian spouse a chance to preserve his/her rights in owning the property in Indonesian soil.
My name is Asep Wijaya. Thank you for reading my posts!
Certificate of child custody in Indonesia certifies that you are the legal holder of a custody of a child, and therefore allows you to represent him/her inside and outside the court of law. Yup, inside and outside the court room. This term has a very broad meaning. Basically, as the holder, you are the legal representative of the child for his/her best interests. You may be considered as a guardian of the child. In order to secure the certificate for the child custody some terms and conditions applied under this situation.
The child is his/her parents’ responsibility until they reach legal age. In the event the marriage has been dissolved, Indonesia recognized custody-holder parent, and non-custody parent. In best practice, joint custody is also recognized and it must be set-out with a divorce settlement entered by both parents. The court loves this. They encourage you, the parents, to discuss the well-being of your child, even though you’re divorced.
The court acknowledged the settlement reached during in-court mediation. The divorce verdict shall include the custody and parenting plan. According to Article 41 of 1974 Marriage Law stipulates that in the event the marriage dissolved by divorce, the parents have the obligation to nurture and educate the children to the best interests of their children. If there’s a dispute in regards to the custody, the court may decide the case. Remember the keyword: "best interests of the child." This should not be translated as a situation that you are the bread-winner in the family. That may help you doing your parental works to support the child financially but it may not win the custody. You may ruin your ex-spouse credibility by submitting evidence that she/he is committing sexual misbehaviour. Although, that thing may be bring the judges' attention and creates such a court-room drama, but it won't likely to make you the winner in the case.
In pursuing a custody of your child, I suggest you need to make sure you pay attention to your child's legal rights. Law number 23 of 2002 regarding Child Protection imposed the child's basic rights as follows:
The same legal reasoning also applicable to certificate of child custody for the child born out of wedlock. This one is specifically made for creating physical evidence of legal relationship between the mother and the child. One thing that must exist in this case: the child was born outside of illegitimate relationship. There's no legal marriage between the child's mother and the man who got her pregnant. Therefore, you need to conduct a DNA test. The consent from the biological mother must first be obtained before the proceedings is being initiated. Whatever you do, be nice. This is totally her statutory rights. You can't do it without her OK.
I am Asep Wijaya. Thank you for reading my posts!
When you're married, you're married. Most people wants the marriage for once in a life time. But at some point, you want to "undo" the decision and "reinstate" the status. From married to single. This is doable with the marriage annulment. Although permitted under strict requirements, the application for marriage annulment must be lodged to the court within the territory of the Republic of Indonesia. This is the procedures to turn the clock around under civil law in Indonesia. This has several legal consequences to your marital status. Shall we go over the rest of them? Read on!
Marriage annulment in Indonesia is a court litigation proceedings, similar with divorce application. It requires litigation skills by lawyers who specialize in civil law, family law or international civil law to assist you to navigate with the sophisticated legal system. At Wijaya & Co., we assist our clients with their annulment cases in Indonesia. The proceeding may be conducted with the same chamber of court with other family law cases. Some may not be familiar with the proceedings as this is one of a kind.
The application for annulment of marriage must meet the following criterias:
The parties that may apply for the marriage annulment are as follows:
One of the main requirements to apply for the annulment is that the marriage must be originally performed and registered in Indonesia. It doesn't matter if it was a Moslem or Non-Moslem marriage. It must be registered and recognised under the Indonesia's Marriage Law. The marriage must have proof of registration from the marriage registry in Indonesia. It doesn't matter your nationality, whether you're an Indonesian or a foreigner. Please contact me if you want more details on this matter.
The court upon receipt of the marriage annulment shall hold a litigation proceedings, and the procedures shall be set-up according to the applicable divorce litigation proceedings. Some pointers that you need to anticipate is that the court may require two (2) witnesses to testify. They need to come to the court and supply the information to the judge. The court will take their oath in order to be used as evidence. This is a substantial part of the case and therefore you must have some family members to support you should you want to go ahead with the case.
Although, the marriage annulment may reverse your marital status, but it will not, in anyway, take effect to the children born into the marriage, property, debt and other financial consequences. This is according to the Article 28 of the Marriage Law. The annulment of a marriage applicable after the court order legally binding. You see we have 14 (fourteen) days waiting period for you to file for an appeal. If they didn’t receive any appeal from either party within that period, the annulment will be legally binding. You’re back to square one!
My name is Asep Wijaya. Thank you for reading my posts!
In Indonesia, according to the 1974 Marriage Law, the marriage is legal if it is performed according to your religion affiliation. You need to have the same religion with your partner. If you have two different religions, either of you must convert. It sounds awkward, but we find the religion plays important role in the success of your marriage. That’s why the Law requires you to have the same religion marriage. It is imposed by Article 2 (1) of the Marriage Law. So, if you want to do it legally, you need to do it according to your religion. It is either Moslem or Non Moslem.
You need to perform the marriage and it must be registered with the marriage registry. This is to have a legal recognition to your marriage. You see, the marriage is the foundation of everything in your life. When you’ve decided to get marry, you’ve just made a big decision. You’re starting a new page in your life. If you want to live your life the right way, get your marriage legally registered. It’s the right thing to do. It is imposed by Article 2 (2) of the Marriage Law. The marriage registry will in turn issue marriage license for you. It is the evidence that your marriage has been officially registered. At Wijaya & Co., we pay attention to the details of our clients' case.
Furthermore, the Marriage Law imposed more requirements for you before you can perform the marriage. They are:
In order to get marry legally in Indonesia, you must submit the Notice of Marriage Intention to the marriage registry. There’s 10 (ten) working days as waiting period. You can get marry after the 10 (ten) days waiting period is over. I mean, you can get marry on the eleventh day. This is imposed by the Government Regulation number 9 of 1975 regarding the Implementation of Marriage Law. Please contact Wijaya & Co. for further details about government regulation related to your marriage requirements.
As for supporting documents required to register your marriage are as follows:
A very interesting part about one of the supporting documents, some countries called it "the CNI" (Certificate of Non Impediment), like the US Embassy in Jakarta. But other countries may have different title such "the NOC." It stands for the No Objection Certificate. Both of them serve the same purpose. They certify that you are legally free to marry. The procedures in retrieving them are also varies. This is very interesting as some countries just require you to make an appointment, fill a form, pay a fee. They will release the form to you, after they took your oath.
Some countries would require you to submit a supporting document from your home country certifying that you are legally free to marry, before they can issue the NOC to you. What's important is that Indonesia's law imposed that either the CNI or the NOC printed on the embassy's letterhead. At least, signed and sealed by the authorized officer at your embassy in Jakarta. Some countries via their embassy even refuse to issue such document for their citizen. Well, this is the tricky part that you will have to deal with before tying the knot. As the Indonesians said it: "Indah Pada Waktunya."
In most of the cases, the marriage registry may issue the marriage evidence on the same day of the marriage. The marriage licenses from Indonesia's marriage registries are worldwide recognized. Most major countries such as United States, United Kingdom, Australia, China, and Canada are familiar with Indonesia's marriage documents. I know this when I work with K-3 visa, a spousal visa for the spouse of a U.S. citizen.
So, consider Indonesia as venue of your marriage because getting marry in Indonesia is simple, legal, and hassle-free. Good luck, and welcome aboard!
I am Asep Wijaya. Thank you for reading my posts!'