“The overseas marriage should be recorded in Indonesia within 60 (sixty) days after their first return to Indonesia. For overseas marriage conducted in a Muslim way, the recordation is in the Office of Religious Affairs (Kantor Urusan Agama/KUA) and for non-Muslim overseas marriage, the recordation is conducted in the Civil Registry Service Office (Dukcapil/Kantor Catatan Sipil). However, the marriage recordation procedure implementation is different in some regions in Indonesia.
Mandatory of Marriage Registry and Legal Impact
Marriage is mentioned in Article 1 (3) Law Number 23 the Year 2006 (“Population Administration Law”), involved an Important event that should be reported to the authority, including Indonesian citizens who have married abroad.
As stated in Circular Letter Supreme Court Number 3 the year 2015 regarding Result of Plenary Meeting Supreme Court Chamber year 2015 as Guidelines for Court Act Service, if the marriage overseas is not registered in Civil Registry Office Indonesia within a year after they arrive in Indonesia, then their marriage will not be legally recognized in Indonesia and may impose a fine.
The procedure, Timing, and Requirements Documents
The overseas marriage should be recorded at the relevant office in the country where the marriage is held and reported to the Representative of the Republic of Indonesia to eligible registry process in Indonesia. However, suppose the government does not provide for the registration of marriages for foreigners. In that case, registration is performed by the local Representative of The Republic of Indonesia and issue a marriage certificate.
A marriage that takes place outside Indonesia should register within 60 (sixty) days after husband and wife return to the territory of Indonesia to the Civil Registry Service Office (Dukcapil/Kantor Catatan Sipil) for non-Muslim couples and to an Office of Religious Affairs (Kantor Urusan Agama) for a Muslim couple.
Nevertheless, there are differences in the practical implementation of the recordation marriage method in some regions of Indonesia. For instance, in Cilacap region, Central Java, the recordation of overseas marriage, both conducted in Muslim or non-Muslim ways, should be recorded at Dukcapil. In the Cikarang region, West Java, overseas marriages need to be recorded at the KUA if they are performed as Muslim marriages and at the Dukcapil if they are performed as non-Muslim marriages.
Below are the required documents that you should have as follows to register the overseas marriage in Indonesia;
- Marriage certificate obtained abroad (translated by a sworn translator and has super legalized by a representative office.
- Stay Permit of Spouse (if foreigner);
- Prenuptial Agreement from Notary; and
- Report of Marriage from the Representative of Indonesia in the country in which marriage was held (translated by a sworn translator)
The officer of the Civil Registry will check the date of your marriage and the date of your arrival to Indonesia to know whether the registry marriage period exceeds the limit. If it does, then the Civil Registry requires a court decree for the marriage to be recorded. Once it is done, the Civil Registry will issue a Tanda Bukti Laporan Pernikahan, and your marriage will be recognized by Indonesian Law.
After the recordation has been completed, the next step is to update the marriage status of the Indonesian spouse on the Identity Card (Kartu Tanda Penduduk/KTP) and a Family Card (Kartu Keluarga/KK).
Meanwhile, the foreign spouse is also eligible to obtain the stay permit (KITAS) with the Indonesian spouse as a sponsor.
Author: Atsyilla Salsabilla
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