September 29, 2022

Marriage of Different Countries in Indonesia

Marriage only occurs between two people who are subject to different laws because of differences in the nationality of one of the parties’ citizenships. This mixed marriage does not only affect the husband and wife, it also has a direct impact on the children. According to Law no. 12 of 2006 concerning citizenship (UU Kewarganegaraan), this can be seen where the citizenship status of children from mixed marriages is dual, and they can choose their own nationality after the age of 18. If the child chooses to become an Indonesian citizen, then he or she must make a statement to become an Indonesian citizen. The statement is made in writing and submitted electronically through the official website of the Directorate General of General Legal Administration of the Ministry of Law and Human Rights. The deadline for submitting a statement to choose citizenship is three years from the age of 18 years or having been married. As a result of Indonesian citizens marrying foreigners

Also read: matrimonial, family law in Indonesia

An Indonesian citizen who marries a foreign national will lose his Indonesian citizenship when within one year after the marriage takes place, he will state a statement for that unless he loses his Indonesian citizenship and becomes without citizenship. Citizenship will be regained if, at the time after the marriage is terminated, he/she gives a statement for that. The statement must be stated within one year after the marriage is terminated to the District Court or Representative in the Republic of Indonesia where he resides. Marriage between 2 (two) people (male and female) of different nationalities, and one of them is an Indonesian citizen (WNI). which is held at the Embassy of a Foreign Country in Indonesia, is basically considered a marriage that is held outside the territory of Indonesia. Don’t know about the law? You can find out the law regarding divorce and marriage under Indonesian law at the nearest government office or look it up on the internet.

The marriage which is considered to be a marriage that took place outside Indonesia must be registered at the Civil Registry office no later than 1 (one) year after the person concerned returns to Indonesia. If not, then the mixed marriage has not been recognized by Indonesian law. The marriage certificate is registered at the Marriage Registration Office where the bride and groom who are Indonesian citizens live in Indonesia (in accordance with the provisions in Article 56 paragraph (2) of Law Number 1 of 1974 concerning Marriage). The process of registering marriages regulated by the law itself between 2 (two) people of different nationalities, in principle does not make the marriage invalid, because the registration process is an administrative process. However, in Indonesian national law, this registration process has become part of positive law, because only through this process, all rights and obligations of each party are recognized before the law.

Thus, the role of advocates regarding inter-state marriages is as follows:

  1. Advocacy, Lawyers fight for citizenship rights. Like children when they want to choose their citizenship and foreigners who get their citizenship back.
  2. Representation, lawyers provide assistance to clients in obtaining their citizenship back
  3. Legal research is done by researching library materials. Such as the Marriage Law and Citizenship Law
  4. The concept of a lawsuit, based on Law no. 1 of 1974 concerning Marriage and Law no. 12 Regarding Citizenship
  5. 5. Legal advice, in accordance with the Authority in the Legislation regarding the acquisition of citizenship
  6. 6. Lawyers ensure legal rights under Law no. 12 About Citizenship

Legal basis:

Law Number 1 of 1974 concerning Marriage as amended by Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage;

Law Number 12 of 2006 concerning Citizenship