“Mixed Marriage has legal consequences on child and asset status.“
Marriage Law Number 1/1974 defined Mixed Marriage is the Marriage held between two people in Indonesia who complies to different law because of the nationality differences and one of the Party is an Indonesian citizen. Mixed Marriage is the Marriage held between Indonesian and other people from different nationality (Foreigner).
Many people still taught that when you held a Mixed Marriage in Indonesia, there are complicated bureaucracy and requirements to register in Indonesia. Additionally, as everything in life had consequences, Mixed Marriage in Indonesia also brings legal consequences for the Parties.
The consequences of Mixed Marriage will affect your child citizenship status and also the status of your assets as explained below.
Indonesian Citizenship Law Number 12/2006 on Article 6 point 1 stated that Child born from Mixed Marriage affects her/his nationality, as the Child has dual citizenship and upon reaching the age of 18 (eighteen years old) or upon marriage, the Child will be required to choose one citizenship. Why they are a limitation for choosing their citizenship? Because Indonesian Law considers Child age 18 (eighteen years old) or have married as a mature person. As a mature person, they have their rights and capacity to decide which one is best for them.
Could Not Having Property or Land with Rights of Ownership
The consequences not only regarding child citizenship status but also the assets of the Parties. It is found in the Article 119 Civil Code Book (KUHPerdata), which tells that from the moment of execution of the marriage, it shall arise by law the joint marital property (joint assets) between the spouses to the extent that no other stipulations have been made in the marital agreement. As the consequences, the husband’s assets are now classified as joint assets of husband and wife, and vice versa. This can be a trigger, because, on the Agrarian Law Number 5/1960 stated only Indonesian citizen could hold the right of ownership (Hak Milik), the right of exploitation (Hak Guna Usaha), and the right of the building (Hak Guna Bangunan). Moreover, if the Foreigner obtained the right of ownership because of the effect of mixed marriage as the assets now considered as the joint assets, they have to release the right maximum 1 (one) year after the right are obtained. And if the right is not released, the right will be removed under Indonesian law and the right of ownership will be given to the Country.
Concluded from the law mentioned above, when you are Indonesian citizen and marry a foreigner without Marital Agreement, you will be prohibited to have land with right of ownership, right of exploitation, and the right of the building, as your assets will be theirs too. However, as a solution, Indonesian Law then provides Marital Agreement that will state the separation of you and your spouse assets, so there will be no joint assets or joint marital property between you and your spouse.
What if you already married and does not yet turn into Marital Agreement? Well, article 29 Marriage Law Number 1/1974 mentioned that on the marriage or before the Marriage, both Parties can agree to have marital agreement legalized by Marriage Registrar Officer, and the marital agreement will also apply to the third party as long as the third party is related. For you who already held your marriage, do not worry. Article 29 meaning is now extended by Constitution Court of Indonesia Decision Number 69/PUU-XIII/2015 as now the Marital Agreement can be held on the marriage, before the marriage or during the marriage. The Article will be read as follows: “On the marriage, before or during the marriage, both parties can make a written agreement legalized by the Marriage Registrar Officer or notary, as the point will also apply to the third party as long as the third party is related.”
Procedure for Mixed Marriage Registration in Indonesia
A. 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 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 Health Center, birth certificate, and your biographic information. After the Marriage, the Office of Religious Affairs will be issued your Marriage Book and your marriage is now registered on the Office of Religious Affairs.
If you and your prospective spouse are non-Islam, you both have to held 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 letter/certificate from the 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 Excerpt of Marriage Certificate.
B. 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 overseas Embassy of Republic Indonesia or Related Representative Office as it required on the Article 37point 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 religion are Islam, in the length of 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 19/2018 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 have conducted 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 at 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). Then, the Civil Registry Office will issue the Certificate of Marriage Registration Report (Surat Tanda Bukti Laporan Perkawinan) as registration of your marriage.
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