Mixed marriage is marriage between Indonesian and someone of different nationalities. Marriages that are considered to have taken place outside of Indonesia must be officially recognized at the Civil Registry office for non-Muslim couples at the Office of Religious Affairs (KUA) for Muslim couple.
According to Indonesian law, a marriage between a man and a woman of different nationalities may be performed by taking into consideration the following factors:
- Marriages that are considered to have taken place outside of Indonesia must be officially recognized at the Civil Registry office for non-Muslim couples at the Office of Religious Affairs (KUA) for Muslim couple. In accordance with the rules of Article 56, paragraph (2) of Law Number 1 of 1974 Concerning Marriage (“Marriage Law”), the marriage certificate is filed with the Marriage Registration Office of the country in which the prospective spouse is a citizen of Indonesia. Due to the fact that each party can only be acknowledged for all of their legal rights and obligations through this method, the recording process has now been included into positive law under Indonesian national law.
- According to the provisions of Article 2 of the Marriage Law, valid marriages were conducted in accordance with the laws of each religion and belief. These marriages in accordance with the Islamic Law are then registered with the local Office of Religious Affairs (KUA), whereas the non-Muslim marriages are registered with the Civil Registry Office. Before the marriage can take place, the future husband or wife who has a foreign passport must complete paperwork or obtain letters from his country of origin confirming that he is allowed to marry an Indonesian citizen. The potential husband or wife might get in touch with the embassy of their country of origin in Indonesia to see what paperwork or letters need to be submitted. The marriage must be reported to the implementing agency in the jurisdiction where the marriage took place no later than 60 days following the date of the marriage.
The spouse stay permit with family reunion for the married couple with foreign citizenship can be applied for if the married couple who are married in mixed marriage have been registered as such in the Republic of Indonesia with the sponsor of the partner as an Indonesian citizen.
For Marriage held in Indonesia
If you are considering marriage in Indonesia, the procedure will also differ based on the religion of you and your prospective spouse.
If you and your prospective spouse are non-Muslim, you both have to hold religious solemnization or ceremony first based on your religion. The related religious officer will issue a letter/certificate regarding the registration of your marriage. After the issuance of a letter/certificate from a related religious officer, you must register your marriage at the Civil Registry Office at your domicile. The required documents for Indonesian are: N4 form (Surat Keterangan Kelurahan), photo, solemnization or ceremony certificate, family card (KK), KTP, birth certificate, and for the foreigner are: passport, KITAS, solemnization or ceremony certificate, non-impediment letter, photo, and birth certificate. The Civil Registry Office will issue an Excerpt of Marriage Certificate.
If you and your prospective spouse’s religion are Islam, you must register the Marriage at the Office of Religious Affairs (KUA). For Marriage Registration, for the Foreigner, the Officer will need your Passport, Limited Stay Permit (KITAS), Non-Impediment Letter, birth certificate, biographic information, and medical test result from Government Hospital. For Indonesian, the Officer will need your KTP, Family Card (KK), N4 form (Surat Keterangan Kelurahan), Sertifikat Layak Kawin (Non-Impediment Letter) from the nearest Puskesmas, birth certificate, and your biographic information. After the Marriage, the Office of Religious Affairs will issue your Marriage Book and your marriage is now registered with the Office of Religious Affairs.
For Marriage held outside Indonesia
If your marriage is held outside Indonesia, the registration will also depend on your religion. But first, you will be required to register your Marriage at the overseas Embassy of Republic Indonesia, or the Related Representative Office as required on the Article 37-point 1 Indonesian Law Number 24/2013 concerning the Amendment of Indonesian Law Number 23/2006 concerning Civil Administration.
The next step, if you and your spouse’s religion is Muslim, is 1 (one) year after your arrival in Indonesia, you must register your Marriage at the Office of Religious Affairs based on Article 28 Ministry of Religious Law Number 20/2019 concerning Marriage Registration. The registration will take place at Office of Religious Affairs with documents required are: marriage certificate translated into Indonesia, report letter from Representative Office of Indonesia (KJRI/KBRI) stated that you and your spouse has conduct a marriage, photo 4×6 blue background, KTP, Family Card (KK), Passport and KITAS, birth certificate, and former divorce certificate (if any). The Office of Religious Affairs (KUA) will register your marriage in an overseas marriage register book.
When you are non-Islam, based on Indonesian Law Number 24/2013 concerning the Amendment of Indonesian Law Number 23/2006 concerning Civil Administration, you will be required to register your Marriage at the Civil Registry Office at your domicile to have your marriage registered in Indonesia maximum 30 (thirty) days after your arrival. The documents needed will be: marriage certificate translated into Indonesia, report letter from Representative Office of Indonesia (KJRI/KBRI), birth certificate, family card (KK), KTP, Passport and KITAS, Photo 4×6, and former divorce certificate (if any). The Civil Registry Office then will issue Certificate of Marriage Registration Report (Surat Tanda Bukti Laporan Perkawinan) as registration of your marriage.
Spouse Stay Permit for Family Union
Foreigners who are married to Indonesian citizens, or who are a mixed husband and wife, are eligible to apply for a Limited Stay Permit (ITAS/KITAS) or Permanent Stay Permit (ITAS/KITAP) that will grant them a stay permit in Indonesia. Foreigners who are legally married to Indonesian citizens or the children of such marriages are eligible for a Limited Stay Permit, according to Article 52 of the Immigration Law.
Aside from permanent stay permits, it is stated in the Transitional Provisions of Article 141 letter (b) of the Immigration Law that a husband or wife from a legal marriage with an Indonesian citizen who has reached the age of marriage and holds a limited stay permit based on Law No. 9 of 1992 concerning Immigration may be granted an immediate permanent residence permit in accordance with the provisions of this law.
According to Article 60, Paragraph 2, of the Immigration Law, applicants who are a family of mixed marriages have to submit a Statement of Integration to the Government of the Republic of Indonesia after the marriage has been together for two years in order to be granted a Permanent Stay Permit. One of the requirements for receiving a Permanent Stay Permit is making a Statement of Integration to the Government of the Republic of Indonesia. Husband and wife, as well as kids, make up mixed-marriage families. Furthermore, it is mentioned in clause (3) that applicants who are the spouse, wife, and/or children of foreign nationals who already have permanent stay permits may be granted one directly. A Permanent Stay Permit is granted for a period of 5 (five) years and can be extended indefinitely as long as the permit is not canceled. Permanent Stay Permit holders for an unlimited period of time must report to the Immigration Office every 5 (five) years and are free of charge.
Author: Atsyilla Salsabilla
Do you need legal assistance and or further discussion regarding mixed marriage and its implication?
Let’s contact us through:
WhatsApp Hotline: 0812-1111-8608
Email: info@ylpconsulting.com
Our experienced Consultant will be delighted to assist you.