 |
| Photo taken by Enggi Holt |
The illustration above is not taken out of a romantic novel, but it happens every minute through out the world. You may come from the same race and background but holding different citizenship, or you may be holding more than one citizenship et cetera. But when you decide to get married, the same question will come up time and again, how do we do it?
The place where you were raised or meet is irrelevant. What is relevant is your citizenship at the time you decided to share your life together as husband and wife.
As a couple, if you are an Indonesian citizen planning to marry a foreign citizen or vice versa - there are several check lists that you have to know and follow. When I say check lists, it is not about wedding plans - but more to the things that are required by the law to make your marriage a legal one.
As a foreign citizen, you might be holding one or more citizenships. However, under the Indonesian law, only one of the two or many citizenships you are holding that will bind you. And that is the most active or principal one. It could be based on the principal of Jus Sanguinis ( law of blood) or based on Jus Soli ( place or birth), also it depends on the rules of the country of which your are a citizen, for example, some countries required certain number of years of residing in the country to be accounted for as their citizen. If you hold dual citizenship or more and you are a mobile person, then you should try to follow the rules of the country of which you would like to be associated with as their citizen. As an Indonesian citizen, you are bound by the Indonesian law, where ever you are.
Therefore, I advise you to find relevant information if so required.
Now that the legal identity of both couples are determined, what are the check lists?
Following the illustration above, the place where the wedding will take place is irrelevant. What is relevant is to know how to make your marriage legal.
As an Indonesian citizen, you are obligated to follow the rules and proceedings of marriage under the Indonesia Marriage Act No. 1/1974. Is that all? Yes, but there are other laws that you should be aware of too.
I strongly advise that you and your partner take some time to do some research and acquire information on the Citizenship/Marriage law of your partner - you may easily require this information through his/her representative office in the country where you both reside or find out through relevant local authorities.
Why? Because this will determined the future of your Indonesian citizenship. Let me explain to you why it is important to do so.
Things to consider prior to getting married:
The Indonesian Citizenship Act No. 12/2006 Article 26 stipulates that if it is required by the law of your foreign partner to adopt his / her citizenship as the consequence of marriage, by law you must do so!
Unless, you are willing to do so then you may ignore Article 26 of the Indonesian Citizenship Act No. 12/2006.
But if you are not willing to let go of your Indonesian citizen, you are given the opportunity to give a declaration letter to the Indonesian authority that you are not willing to relinquished your Indonesian citizen because of your marriage ( Article 26 cl. 3). Provided that such declaration will not cause you to hold dual citizens. The time to put forth the declaration letter to the Indonesian authority is by the third year of your marriage. If your are at that time living abroad, then you could submit the letter to the Indonesian representative office such as the Indonesian Embassy/ Indonesian Consulate.
Good news for your foreign partner!! - Indonesian law does not follow the principle of one citizenship in marriage. Hence the term Perkawinan Campuran (free translation: mixed nationality marriage) is a marriage perform by male and female of which one party is an Indonesian citizen and the other party is a foreign citizen.
Once this point is clear, you may consider whether to write a pre-nuptial agreement or not. In principle, pre-nuptial agreement is a legal document stating the division of assets that both of you acquire prior to the marriage. It regulates between both of you on how you want to divide your assets including your rights and obligations in managing your matrimonial assets during and or after the marriage - in the case of divorce.
Under the Indonesian law, a pre-nuptial agreement may only have a binding effect and will affect your individual assets and matrimonial assets if it is drawn before an Indonesian Public Notary. I am aware that each country have different approach on pre-nuptial agreement, and this is one more area that you have to get information should you consider taking on this route.
The primary reason for mixed nationality marriage couples to draw a pre-nuptial agreement under the Indonesian law is solely for the purpose of owning land ownership under free hold title (hak milik). By owning a pre-nuptial agreement which is the division of asset, the Indonesian citizen will be the sole ownership of any kind of assets under his/her name, therefore it is legally allowed to owned property or land under free hold title even though the marriage is considered to be a mixed nationality marriage.
Whilst for the foreign partner, under the Indonesian Agrarian Law No. 5/ 1960, you may own land or property under lease hold title (hak pakai) only, the lease to hold such land under the Agrarian Law is 35 years. The limitation of owning land will also apply to an Indonesian citizen marrying a foreigner if the couple of this mixed nationality marriage do not have a pre-nuptial agreement.
Getting married in Indonesia what do you need to know?
The first and foremost the Indonesian law does not recognized interfaith marriage.
Both of you must follow the same faith or religion. Indonesia only recognize the following faith or religion: Islam, Protestantism, Catholicism, Hinduism, Buddhism and Confucianism.
Secondly, in principle Indonesian Marriage Act follows monogamy with the exception of polygamy in certain condition - if the Court think it fit for a husband to have more than one wife. This exception is base on the Islamic principle that one man may have four wives at the same time.
There are two types of authorities for marriage registry. For those following Islam, you will exchange vows of marriage before the authority from the local Office of Religious Affairs following Islamic principles, whilst those follows other faith or religion may be married at the choice of you Temple or Church and register you nuptial at the local civil registry.
The latest you are allowed to notify the relevant authority is 10 days prior to your wedding day. Foreign partner must obtain clearance to marry from you country, a valid passport and visa to visit or stay in Indonesia, age appropriate (for male 19 years old and for female 16 years old) and birth certificate. The same apply to the Indonesian partner save for the clearance to marry provided you are not part of the Indonesian Armed Force.
All documents must be submitted to the relevant authority, if you are following Islamic faith you submit your documents to the local Office of Religious Affairs, otherwise you submit your document to the local Civil Registry Office.
Traditionally the official from the Office of Religious Affairs will attend your pre-wedding reception. In front of two witnesses, he will perform the marriage covenant (Akad Nikah). After Akad Nikah both the bride and groom will be ask to sign two small books, this book is called the Marriage Book ( Buku Nikah). The Marriage Book is the evidence that your marriage is legal and binding under the Indonesian law.
Inside the book there are several pages, the first few were the identity of each of the bride and groom, a size passport photo of each couple and the last few pages are the Al Qur'an citing of marriage. Each of the bride and groom will be given one Marriage Book.
For those married under the civil law, after the exchange of wedding vows, a Notification of Marriage will be issued after which you must register the Notification of Marriage to the local office Civil Registry to obtain excerpt of Wedding Certificate. The time to do this is before 60 days after the wedding. The excerpt of Wedding Certificate will be in the form of one piece of paper with a photograph of the bride and groom, stating the date when the wedding took place, the registration number, official stamp and signature of the officer from the Civil Registry Office.
The final step is to go the representative office of the foreign spouse to register your Marriage Book or excerpt of Wedding Certificate.
Do remember, what you have just performed was a wedding under the Indonesian Law and therefore is legal and binding in Indonesia only. If you so wish to have your marriage acknowledged by the country of your foreign spouse you must register you nuptial in the said country through their representative office. In that way, your marriage is binding in both countries. If you do so, there are no other requirement for both of you to preform another nuptial under any foreign law.
Because once a wedding took place in one country and is registered in another country -it is therefore universally valid and binding for both man and wife and any third party.
Final note, some countries do not recognize religious wedding - therefore for those married before the officials of Religious Affairs, you must register you Marriage Book at the local Civil Registry Office to obtain excerpt of Marriage Certificate. Use the excerpt to register your nuptial at the relevant Embassy or Consulate representing your spouse's country.
Indonesian's married abroad - what do you have to do?
As an Indonesian planning to be married abroad, you must follow the laws of the land of which the nuptial is taking place insofar it is not against the Indonesian Marriage Act.
Once the marriage is legal and binding according to the laws of the land, you must notify your nuptial to the Indonesian Embassy/Consulate in that country. Having done so, you will be given an excerpt of Marriage Certificate by the Indonesian representative. This requirement is base under the Citizenship Administrative Act (UU Administrasi Kependudukan No. 23/2006).
However under the Indonesian Marriage Act ( UU Perkawinan No. 1/1974) the requirement is within a year of residing in Indonesia - the couple should register their prove of marriage to the local Civil Registry office.
My advise is to obtain information to the relevant Indonesian Embassy or Consulate whether the requirement obligated by the Citizenship Administrative Law has been fully implemented or not. If not, then you should follow the requirement found in the Indonesian Marriage Act.
No comments:
Post a Comment