“To be eligible for registration, overseas marriages must be registered within 30 days upon their first arrival in Indonesia.”
Legality of Overseas Marriage
Based on Article 56 Law Number 1 Year 1974 on Marriage “Law 1/1974”, Marriages conducted outside of Indonesia between two Indonesian citizens or between an Indonesian citizen and a foreign citizen are considered valid if performed in accordance with the laws of the country where the marriage took place and does not violate the provisions under Law 1 Year 1974. Furthermore, for the marriage must be legally recognized in Indonesia, the marriage must be first registered.
In addition to registration requirement outlined in Law 1/1964, similar obligation is also specified in Law Number 23 Year 2006 on Population Administration as amended by Law Number 24 Year 2013 “Law 23/2006”. Indonesian citizens residing outside of Indonesia are required under to report important life events to the appropriate local civil registration authorities or representatives of Indonesia. Marriage is considered as one of these important events.
According to Circular Letter Supreme Court Number 3 of 2015, pertaining to the outcome of the Plenary Meeting of the Supreme Court Chamber in 2015 and serving as guidelines for court actions, failure to register a marriage conducted overseas with the Civil Registry Office in Indonesia may result in the marriage not being legally recognized in Indonesia.
The Procedure, Timeframe, and Required Documents
Based on Article 37 Law 23/2006, overseas marriage must be registered at the relevant local authority where the marriage is held and must be reported to the Representative of the Republic of Indonesia. In the case that that the local government does not provide registration of foreign marriage, the registration will be done by the local Representative of the Republic of Indonesia. If this happens, marriage will be recorded in the Marriage Certificate Registry and a Marriage Certificate Excerpt will be issued.
Additionally, the marriage must be reported to the appropriate office within 30 days after either party returns to Indonesia. Muslim couples register their marriage at the Office of Religious Affairs (Kantor Urusan Agama), while non-Muslim couples do so at the Civil Registry Service Office (Dukcapil/Kantor Catatan Sipil).
However, variations exist in how the process of recording marriages is implemented across different regions of Indonesia. For example, in Cilacap, overseas marriages, whether conducted according to Muslim or non-Muslim traditions, must be recorded at Dukcapil. While, In the DKI Jakarta and Cikarang region of West Java, overseas marriages should be recorded at the KUA if conducted as Muslim marriages, and at Dukcapil if conducted as non-Muslim marriages.
Referring to the provisions of Presidential Regulation Number 96 Year 2018 on Requirements and procedures for population and civil registration, the following are the documents required to register an overseas marriage between Indonesian Citizens:
- A marriage certificate from the local government
- Travel Documents of the husband and wife
On the other hand, for an overseas marriage between an Indonesian Citizen and a Foreign Citizen, the required documents are:
- A marriage certificate from the local government
- Travel Documents of the husband and wife
- A letter of domicile or a certificate of moving abroad
The Civil Registry officer will verify the marriage date and the date of arrival in Indonesia to ensure compliance with the registration timeframe. If the registration period exceeds the limit, a court decree is required for the marriage to be recorded. Upon completion, the Civil Registry will issue a Tanda Bukti Laporan Pernikahan, thus recognizing the marriage under Indonesian law.
Following the completion of the recording process, the next step is to update the marital status of the Indonesian spouse on their Identity Card (Kartu Tanda Penduduk/KTP) and Family Card (Kartu Keluarga/KK).
Meanwhile, the foreign spouse is eligible to obtain a stay permit (KITAS) with the Indonesian spouse as the sponsor.
Author: Atsyilla Salsabilla / Felicia Cindy Hanubrata
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