Wind of change for mixed nationality marriage in Indonesia - prior and after 2006

Prior to 2006, many couples of  mixed nationality marriage (Indonesian citizenship married to foreign citizen) opt not to register their union under the Indonesian law.  Those who opted this route view advantages in doing so. But those advantages will no longer be conducive after 2006. Let me explain to you why is this so.

Unregistered mixed nationality marriage -  what are the advantages prior to 2006: 

The first 'advantage' : the mother can claim that the child is born out of wedlock. In humane as it sounds for the child - I do not have the right to judge such practice for many reasons. The first and foremost is that under the old Indonesian citizenship law children born from legal mixed nationality marriage will by law follow the father's citizenship only, dual citizenship at the time is strictly prohibited. To secure the child as born out of wedlock on his/her birth certificate is the only way for the Indonesian mothers to bequeath her Indonesian citizenship to her children.

The second 'advantage': the 'unmarried' couple under the Indonesian law, may purchase a land under right to own  title (Hak Milik). Let me explain a little bit about the uniqueness of the Indonesian land law ( Undang-undang Pokok Agraria Nomer 5 tahun 1960). Under this law, a foreigner are prohibited to own a land under Hak Milik - an easier term for you to understand is a free hold land title. But this foreigner are allowed to own land under right to use ( Hak Pakai) or most common term lease hold land title.



Now being an Indonesian, once you are married to a foreigner and do not hold a prenuptial agreement, you are deemed to follow the limitation of your foreign spouse imposed by the Indonesian Land Law. Why is this so? Because under the Indonesian Marriage Law, the two asset prior to the marriage will be consolidated as matrimonial assets.

Hence the interpretation and the advice given by law consultants are:1. not to register the marriage under the Indonesian law ( if you have been married abroad) or 2. if you are married in Indonesia, hold a fake identification card stating as a single/not married person.  Provided that the couple do not hold pre nuptials agreement.

I will write my opinion on this issue on my next Blog -  but until then -  lets' stick on the time line of prior and after 2006.

Photo taken by Enggi Holt

You may be wondering what is the significance of the year 2006 for mixed nationality marriage in Indonesia. The year 2006 is when the Government and the Law makers decided to reform principles of citizenship. it is a landmark decision for Indonesian mothers,because that is the year when Indonesian through the citizenship law acknowledge the basic right of the Indonesian women to bequeath her Indonesian citizenship to her children - It is also the first important step which recognized Indonesian women as an independent legal subject in regards to her citizenship.

Unregistered mixed nationality marriage - what are the disadvantages after 2006: 


The disadvantages is that children born out wedlock which are automatically Indonesian, may not enjoy the benefit provided by the Indonesian Citizenship Law No. 12/ 2006 to become dual nationality. The dual nationality principle under the Indonesian Citizenship Law are for children from a legal mixed nationality marriage, adopted children, children from Indonesian parents whereby the country of birth by law give citizenship to those born in their country -  from birth until the age of 21years ( to be exact by age 18 - children holding dual citizenship will go under transformation period and by age 21 is the cut off date, he/she will be obligated to hold only one citizenship).

As for the parents who had made false statements to the authority under the Undang-undang Administrasi Kependudukan No. 23/2006 (loose translation: Population Administrative Law/Demographic Administrative Law) is deemed to have committed a criminal act and the punishments are 6 years in jail or pay a maximum of Rp. 50,000,000 ( fifty million rupiah) in fine.

Further more, these children ( out of wedlock children) will not be able to enjoy other legal benefits provided under the new Immigration Law No. 6/2011. It make sense because by law they are Indonesian. How ever should in any case - when they reached a mature age - they decided to relinquished their Indonesian citizen and follow their father's, they will deemed to be an ex-Indonesian under the Immigration Law, as a legal consequence they are obligated to follow the 'ex-Indonesian' bracket to obtain the right to live (should they choose to adopt Indonesia as their domicile).

As for unregistered couples, they too will not benefit the 'spouse' bracket and as such, the foreign partner will follow the general regulation for common foreigner to obtain the right to live in Indonesia. And as a common foreigner they will be required to hold company sponsorship to work in Indonesia whilst under the 'spouse' bracket, foreign spouse is not required to hold a sponsorship from a company ( see my Blog on this : "Immigration Law - a Law for Aliens?" Wednesday 22nd of June 2011)


Unregistered married under the Act No. 23/2006 is an administrative sanction and be required to pay a fine of Rp. 1,000,000 ( one million rupiah).


Giving a false statement of your married status as being unmarried or holding a fake identity is also considered as criminal act, the punishment will be 6 years in jail or pay a maximum of Rp. 50,000,000 ( fifty million rupiah).


What does this all mean to us - mixed nationality marriage couples in Indonesia or as Indonesian married to a foreigner: 


1. It means that after 2006,  you must registered you marriage ( if you have not done so). 
2. Your children who are born after 2006 are automatically dual citizenship provided that you registered you marriage legally in Indonesia.
3. if anyone advice you to put unmarried status on your identity card to purchase land, please don't do so.  Apart from the chance you being caught by the authority possessing and using fake identity. The purchase documents will have a weak legal standing if for instance there are some legal disputes regarding your right to hold the land. 


Reforms of law regarding mixed nationality marriage will require a  high degree of our participation in it. Certainly there are many laws and regulation in need of adjustments - we have to make those changes. But before that happens, I advice you to simply follow the rules.