“Foreign couples getting married in Indonesia are able to register their marriage in Indonesia.”
Marriage and Its Recordation in Indonesia For Foreign Couple
Under Article 2 of Law No. 1 of 1974 on Marriage as last amended by Law No. 16 of 2019 (“Marriage Law”), a marriage is valid if it is carried out in accordance with the laws of each religion and its belief. Furthermore, every marriage must be recorded in accordance with the applicable laws and regulations. In this regard, to get married in Indonesia, a religious marriage will first need to be conducted and recordation of the marriage will take afterwards.
In Indonesia, marriage is recorded in two different institutions depending on the religion of the marriage. For Muslim marriage, the recording is done in the Office of Religious Affairs (KUA) and non-Muslim marriage is recorded in the Civil Registry.
The above elaborated regulation applies to both Indonesian marriage, mixed marriages or full foreign couple marriage. However, it is to be noted that for a foreigner to get married in Indonesia, a stay permit is required and must adhere to the marriage law in Indonesia.
Requirements for Recordation
Marriage recordation for foreign couples whereby both parties being non-Indonesian nationals follows specific legal procedures governed by Indonesian law. According to Article 37 Paragraph 2 of Presidential Regulation Number 96 of 2018 on Requirements and Procedures for Population Registration and Civil Registration (“PR 96/2018”), here are the requirement for the recordation of foreign couple marriage:
- Certificate of marriage from a religious leader;
- Colored photograph of husband and wife;
- Travel documents;
- Certificate of residency for holder of limited stay permit;
- National identification card and family registry for holder of permanent stay permit;
- Visa for holder of visitor permit;
- Permit from the foreign national’s country or its country’s representative (certificate of non-impediment/CNI)
- Divorce of death certificate if ever married.
The procedures to obtain a CNI depend on the requirements set by the issuing country. Furthermore, not all countries address this letter as a CNI. For example, Pakistan calls this as the No Objection Certificate.
Procedure of Recordation
In Accordance to Article 34 of Law No. 23 of 2006 concerning Civil Administration as last amended by Law No. 24 of 2013 (“Law 23/2006”), a marriage must be reported to the relevant recording institution within 60 (sixty) days of the date of marriage. Furthermore, governed in Article 52 of Regulation of the Minister of Internal Affairs of the Republic of Indonesia Number 108 of 2019 on Implementing Regulation of Presidential Regulation Number 96 of 2018 concerning Requirements and Procedures for Population (“MIA Regulation 108/2019”), the steps to recordation of registration of marriage of foreigners in Indonesia are as follows:
- The applicant completes and signs the marriage report form and submits the required documents to the local Civil Registration Office of the District/City;
- The service officer verifies and validates the marriage report form and requirements in
- Officers at the Civil Registration Office record the data in the population database;
- The Civil Registration Official at the Civil Registration Office of the District/City records the marriage in the marriage register and issues a marriage certificate excerpt;
- The marriage certificate excerpt is handed to the applicant.
Author: Felicia Cindy Hanubrata
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