REMIDIAN BAHUREKSA 2009
INDONESIAN MARRIAGE LAW
A Simple Guide and Reference
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INDONESIAN MARRIAGE LAW CONTENTS
Introduction I. A. B. C. D. E. F. G. H. II. A. B. Marriage Civil Law Marriages … … … … … … … … … … … … 4 Islamic Law Marriages … … … … … … … … … … … 11 Adat Law Marriages … … … … … … … … … … … … 16 Overseas Marriages … … … … … … … … … … … … 18 Mixed Nationality Marriages … … … … … … … … … 20 Marriage Certificate (Recordation) … … … … … … … 24 Pre-Marriage Agreement (Pre Nuptial Agreement) … … 28 Dispensation for Polygamy … … … … … … … … … … 31 Divorce Civil Law Divorce … … … … … … … … … … … … … 34 Islamic Law Divorce … … … … … … … … … … … … 39 Adat Law Divorce … … … … … … … … … … … … … 45
Thank you for reading t this docu ument. Basically this docume is on a pa of ent nly art Indone esian Law Comp pilation (a Guide and e Refere ence) which will b be published next t year. We’re looking forward for read der comm ments and in nputs to improv the q o ve quality of the o conten and so we ca give t exac and nt s an the ct accura ate inform mation th hat the readers n needs. our help and kind d attentio on, thank k you. For yo Jakarta a, 07/12/2009 R Radi A. Juremi
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INDONESIAN MARRIAGE LAW
MARRIAGE A. Civil Law Marriages.
1. Basic. • Marriage in Indonesia is considered legal if its conducted in accordance with rules of respective religion and faith of parties; • Marriage is a relationship of mutual consent (there must be an mutual agreement between the Parties to establish marriage); • Rights of the husband and wife in family and social life are deemed equal with each party entitled to take any legal action; • For Person under the age of 21 years old, a kind of parental permission is required to legalize the marriage. Also for men under 19 years of age and women under 16 years of age may not marry without the permission and dispensation from Court; • Exclusively for non‐Islamic marriages, the marriage must be conduct after passing of ten days from the date of the announcement of intent to marry by Civil Registry Official; • Spouses are obligated to love one another, give mutual respect, be loyal and provide any assistance to one another. • Husband is obligated to give protection to his wife and to provide livelihood according to his capabilities;
• Father is obligated to provide for all of his children’s living costs and education. If the Father is unable to provide support, Court may also obligate mother to support her children; • Wife is obligated to take care of household matters according to her best efforts; • Neglect by either Husband or Wife is grounds for suit in Court; • Property that obtained during marriage is considered as a marital property. A property that brought into marriage by each spouse, and property that obtained by each spouse through gift or inheritance is considered as a separate property; • Disposition of marital property require consent of both spouses. • Each spouse is empowered to take any legal action with regards to respective spouse’s separate property. Polygamy: Court may give permission for man to have more than one wife if it is desired by respective parties. The Permission is only granted if wife is: a. Unable to serve her husband; b. Inflicted with physical defect or incurable disease; or c. Barren.
Prohibition of Marriages: Marriages are prohibited between: a. Parents and their children; b. Brothers and sisters, parent’s brother and sister or brother or sister of respective grandmothers; c. People who are related by marriage including parents‐in‐law, step‐children, sons and daughters in law and step‐parents; d. Persons with relation by breast feeding; e. Persons who have family relationship with wife or as aunt or niece/nephew in event husband has more than one wife; f. Persons with relation which by his/her religion or other regulation prohibits marriage. Marriages Prevention: • Marriages may be prevented by objection to court tendered by immediate family members or prospective spouse’s guardians if it is apparent that marriage would bring suffering to either prospective spouse. • Marriage may not proceed until the application of objection is revoked by applicant. Dissolution: Marriages dissolve by reason of:
a. Death; b. Divorce; or c. Court Decision. Annulment: Marriages may be annulled by application to court by husband/wife or immediate family members of husband/wife of parties are not suitable for marriage. Mixed Nationality Marriages:1 Marriages between Indonesian State Citizens and Foreign State Citizens within Indonesia require proof that legal conditions of marriage applicable to laws of Foreign Citizen’s Country have been fulfilled as well as fulfillment of other Indonesian Legal Requirements. Overseas Marriages:2 • Any Marriages that occurred outside of Indonesian territory between two persons of Indonesian State Citizenship or of Indonesian State Citizen and Foreign State Citizen must be processed in accordance with prevailing law of country in which marriage took place, provided that Indonesian State Citizen
For more information concerning Mixed Nationality Marriage, please read the E Chapter, Page 15. 2 For more information concerning Overseas Marriage, please read the D Chapter, Page 13.
spouse may not engage in marriage proceeding infringing upon mandates of Indonesian Law. • After Spouses (Within one year) return to Indonesia, the marriage certificate must be recorded at the Marriage Registry office. 2. Regulation. a. Law No. 1 of 1974 concerning Marriage. b. Government Regulation No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage. c. Government Regulation No. 10 of 1983 concerning Permit of Marriage and Divorce for Civil Servants. d. Government Regulation No. 45 of 1990 concerning Amendment to Government Regulation No. 10 of 1983. 3. Procedures and Requirements. The Procedures: The process of announcement of intent to marry and marriage registration: a. For non‐Islam (non‐Muslim) shall register their marriage to the Civil Registry Official at the Marriage Registration Office;
b. Submit the announcement of intent to marry to the Civil Registry Official in the domicile where the wedding ceremony will be conducted. At the latest of ten (10) days (workdays) before the wedding ceremony;
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