This article is an English translation of Mau Menikah dengan WNA? Begini Prosedur dan Risiko Hukumnya which was written by Bernadetha Aurelia Oktavira, S.H. and was published on Friday, 2 July 2021.
This article below is an update of the article entitled Procedures for Transnational Marriage (Prosedur dalam Pernikahan Beda Negara) which was first written by Si Pokrol and was first published on Friday, 31 May 2002.
All legal informations which are available through Klinik hukumonline.com have been prepared for educational purposes only and are general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.
Mixed Marriage and its Procedures
Marriage between two different citizens, namely Indonesian Citizen (Warga Negara Indonesia/ "WNI") and Foreign Citizen (Warga Negara Asing/ "WNA") or expatriate, is regulated under Law Number 1 of 1974 on Marriage (“Law 1/1974”) along with the amended law and the implementing law. This kind of marriage is known as a mixed marriage (transnational marriage).
According to Article 57 Law 1/1974, mixed marriage means:
"Mixed" under this Law is a marriage between two persons who in Indonesia are subject to different laws, due to differences in nationality and one of the parties is an Indonesian citizen.
It is important to understand that mixed marriages in Indonesia are conducted in accordance with Law 1/1974, and cannot be conducted until it is proven that the marriage requirements which are determined by the law which apply to the respective parties have been fulfilled.
In order to prove that the abovementioned requirements have been fulfilled and therefore that there are no obstacles to conducting mixed marriages, then those who, according to the applicable laws to respective parties, are authorized to register the marriages, shall be issued with certificates/statement letters confirming that the requirements have been fulfilled.
Mixed marriages are registered by an authorized registrar, by first showing the certificates/statement letters as referred to above. In relation to your status as a student, we assume that you are under the age of 21. Therefore, in order to conduct this marriage, you must obtain parental consent/permission.
If one of the parents has passed away, it is sufficient to obtain permission from the living parent. However, if both parents have passed away or have been unable to declare their will, then permission should be obtained from a guardian, a person who takes care of or a family member who is related by blood in a straight line (lineal descendant) as long as they are still alive and in a state of being able to declare their will.
However, in the event that there is a difference of opinion between the individuals in question, or one or more of them does not express an opinion, then the court may grant permission after first hearing the people in question.
Prior to the marriage, several procedures must be conducted, namely notifications, examinations, and announcements:
Any person who is going to conduct a marriage must notify his/her intention in writing or verbally to the local marriage registrar no later than 10 business days prior to the marriage taking place. For those who conduct their marriages according to the Islamic religion, it is carried out at the Office of Religious Affairs (Kantor Urusan Agama/ “KUA”), while for those who conduct their marriages according to religions and beliefs other than Islam, it is carried out at the Civil Registry Office.
The marriage registrar, who receives the notification, examines whether the marriage requirements have been fulfilled and whether there are no obstacles to marriage according to the law. If it turns out that from the results of the examination, there are obstacles to marriage and/or the requirements have not been fulfilled, this condition shall be immediately notified to the prospective bride and groom or to their parents or to their representatives.
After the procedures and requirements for the notification have been fulfilled, and there are no obstacles to the marriage, then an announcement shall be made by the marriage registrar. This announcement is made by attaching the announcement letter according to the form stipulated at the Marriage Registry Office in a designated place and easy to read by the public.
The announcement is intended to provide an opportunity for the public to know and file objections to marriages that will take place if the marriages are contrary to the relevant religious laws or the applicable laws and regulations.
After the tenth day of the announcement, the marriage may be conducted. The marriage is carried out according to the procedure determined by the religion and belief of the parties who conduct the marriage and is held in the presence of a marriage registrar and 2 witnesses.
After the marriage is conducted, the bride and the groom sign the marriage certificate, as well as the marriage registrar, 2 witnesses who are present, and the marriage guardian or their representative. With this signing, the marriage has been officially registered.
Loss of Citizenship
Another issue that you should pay attention to if you are going to conduct mixed marriage is the issue of citizenship. Article 26 Section (1) Law Number 12 of 2006 on Citizenship of the Republic of Indonesia ("Law 12/2006") states that:
An Indonesian Woman (Indonesian Citizen) who marries an expatriate man will lose her Citizenship of the Republic of Indonesia, if, according to the law of her husband’s country of origin, the wife’s nationality follows her husband’s citizenship as a result of the marriage.
However, if a person wishes to remain his/her Indonesian citizen, he or she may submit an affidavit regarding his/her wish to an official or representative of the Republic of Indonesia whose territory encompasses the residence of the woman or man, unless the submission results in dual citizenship.
These are the answers we can provide, we hope you will find them useful.
- Law Number 1 of 1974 on Marriage as amended by Law Number 16 of 2019 on the Amendment of Law Number 1 of 1974 on Marriage;
- Law Number 12 of 2006 on Citizenship of the Republic of Indonesia;
- Government Regulation Number 9 of 1975 on the Implementation of Law Number 1 of 1974 on Marriage;
- Regulation of the Ministry of Religious Affairs Number 20 of 2019 on Marriage Registration.
 Article 59 Section (2) Law Number 1 of 1974 on Marriage (“Law 1/1974”).
 Article 60 Section (1) Law 1/1974.
 Article 60 Section (2) Law 1/1974.
 Article 61 Section (1) and (2) Law 1/1974.
 Article 6 Section (2) Law 1/1974.
 Article 6 Section (3) and (4) Law 1/1974.
 Article 6 Section (5) Law 1/1974.
 Article 3 Section (1) and (2) and Article 4 Government Regulation Number 9 of 1975 on the Implementation of Law Number 1 of 1974 on Marriage (“Government Regulation 9/1975”).
 Article 3 Section (1) Regulation of the Ministry of Religious Affairs Number 20 of 2019 on Marriage Registration (“Regulation of the Ministry of Religious Affairs 20/2019”).
 Article 2 Section (2) Government Regulation 9/1975.
 Article 6 Section (1) Government Regulation 9/1975.
 Article 7 Section (2) Government Regulation 9/1975.
 Article 8 Government Regulation 9/1975.
 Elucidation of Article 8 Government Regulation 9/1975.
 Article 10 Section (1) Government Regulation 9/1975.
 Article 10 Section (2) Government Regulation 9/1975.
 Article 10 Section (3) Government Regulation 9/1975.
 Article 11 Government Regulation 9/1975.
 Article 26 Section (3) Law Number 12 of 2006 on Citizenship of the Republic of Indonesia (“Law 12/2006”).