Procedures for Marrying a Foreigner and its Legal Consequences

PERTANYAAN

I am currently a student at a private university in Jakarta. I would like to ask what steps are in accordance with the applicable laws and regulations in connection with the marriage of different citizens?

INTISARI JAWABAN

Indonesian citizens who marry foreigners as you mean, in the Marriage Law and its amendments are known as mixed marriages. What is the procedure for marrying a foreigner? Does marrying a foreigner cause a person to lose their citizenship?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Prosedur Menikah dengan WNA dan Akibat Hukumnya, written by Bernadetha Aurelia Oktavira, S.H., and published on Monday, 21 August 2023.

This article is the second update of the article entitled procedures in an inter-country marriage written by si pokrol and was first published on 31 May 2002, and first updated on Friday, 2 July 2021.

All legal information available on Klinik hukumonline.com has been prepared for educational purposes only and is general in nature (read the complete Disclaimer). In order to obtain legal advice specific to your case, please consult with Justika Partner Consultant.

Requirements for Marrying a Foreigner

Can an Indonesian Citizen marry a foreigner? The answer is yes, as there are laws and regulations governing marriages conducted by two people who are different citizens, namely Indonesian Citizens and foreigners, namely the Marriage Law and its amendments and implementation rules. Indonesian Citizens married to foreigners like this are called mixed marriages.

Based on Article 57 Marriage Law, what is meant by mixed marriage is as follows:

Mixed marriage, under this Law, is marriage between two persons which in Indonesia are subject to different laws, due to differences in citizenship and one of the parties is an Indonesian citizen.

What are the requirements for marrying a foreign citizen? It is necessary to understand, mixed marriage which is performed in Indonesia shall be conducted in accordance with this Marriage Law,[1] and mixed marriage cannot be held until it is proven that the marriage requirements which are determined by the law applicable to the respective parties have been fulfilled.[2]

In order to prove that the requirements have been fulfilled and therefore there are no obstacles to entering into mixed marriage, then by those who according to the law applicable to the respective parties are authorized to record marriage, a certificate that states the requirements have been fulfilled shall be issued.[3]

Mixed marriages in which Indonesian citizens marry foreigners are recorded by the authorized registrar by first showing the certificate as referred to above.[4]

Parental Permission

As you are still a student, we assume that you are still under 21 years old. So in order to get married, you need to get your parents' permission.[5]

In the event that one of the parents has passed away or is incapable of expressing his/her will, then permission shall be obtained from the parent who is still
alive. However, if both parents have passed away or are incapable of expressing their will, then permission shall be obtained from the guardian, the person who provides care, or family who has blood relation in a vertical ascending line as long as they are still alive and are able to express their will.[6]

In the event that there is a difference of opinion between the persons referred to, or one or more of them do not express their opinion, then the Court in the jurisdiction where the person who is going to marry may, at the request of said person, grant permission after first hearing the persons mentioned.[7]

How to Marry a Foreigner in Indonesia

Before getting married, there are several procedures for marrying a foreigner that must be carried out, as follows:

1. Notification

How to marry a foreigner in Indonesia begins with every person who will enter into a marriage must notify his/her intention in writing or orally to the local marriage registration official, no later than 10 working days before the marriage takes place.[8]

For those who solemnize their marriage according to Islam, it is carried out at the Office of Religious Affairs,[9] while for those who solemnize their marriage according to religions and beliefs other than Islam, it is carried out at the Civil Registry Office.[10]

2. Examination

The marriage registration officer who receives the notification, examines whether the conditions for marriage have been fulfilled and whether there are no impediments to marriage according to the law.[11]

If it turns out from the results of the examination that there are obstacles to marriage and/or that the requirements have not been fulfilled, the situation is immediately notified to the prospective bride and groom or to their parents or to their representatives.[12]

3. Announcement

After the procedures and requirements for notification have been fulfilled and there is no impediment to marriage, an announcement is made by the marriage registrar. This announcement is made by affixing an announcement letter according to the form determined at the marriage registration office in a place that has been determined and is easily read by the public.[13]

The announcement is intended to provide an opportunity for the public to find out and submit objections to the marriage that will take place, if it is contrary to the religious law concerned or the applicable laws and regulations.[14]

4. Execution of marriage

After the tenth day after the announcement, the marriage can only be carried out.[15] The marriage is performed according to the procedures prescribed in the religion and beliefs of the parties to the marriage[16] and is held in the presence of a marriage registration officer and two witnesses.[17]

After the marriage has taken place, the bride and groom sign the marriage certificate, as well as the marriage registration officer, the two witnesses present, and the marriage guardian or their representative. With this signing, the marriage has been officially registered.[18]

Loss of Citizenship

Another issue that you must consider if you want to marry a foreigner is the issue of citizenship. Article 26 section (1) Law 12/2006 states:

Female citizens of the Republic of Indonesia who marry male citizens of foreign nationality will automatically lose their Citizenship of the Republic of Indonesia if, by the law of her husband’s country, the citizenship of the wife will follow that of the husband as a result of their marriage.

In addition, an Indonesian male citizen who marries a foreign female citizen loses his Indonesian citizenship if, according to the law of the wife's country of origin, the husband's citizenship follows the wife's citizenship as a result of the marriage.[19]

However, if he or she wishes to remain an Indonesian citizen, he or she may submit a letter stating their preference to the Official or to the Embassy of the Republic of Indonesia whose jurisdiction covers the domicile of the said women or men above unless such statements will result in double citizenship.[20]

Enrich your legal research with the latest bilingual legal analysis, as well as the collection of regulatory translations integrated into Hukumonline Pro, click here to learn more.

These are the answers we can provide, we hope you will find them useful.

Legal Basis:

1. Law Number 1 of 1974 on Marriage as amended by Law Number 16 of 2019 on the Amendment to Law Number 1 of 1974 on Marriage;
2. Law Number 12 of 2006 on Citizenship of the Republic of Indonesia;
3. Regulation of the Government Number 9 of 1975 on the Implementation of Law Number 1 of 1974 on Marriage;
4. Regulation of the Minister of Religion Number 20 of 2019 on Marriage Registration.

---

[1] Article 59 section (2) Law Number 1 of 1974 on Marriage (“Marriage Law”).

[2] Article 60 section (1) Marriage Law.

[3] Article 60 section (2) Marriage Law.

[4] Article 61 section (1) and (2) Marriage Law.

[5] Article 6 section (2) Marriage Law.

[6] Article 6 section (3) and (4) Marriage Law.

[7] Article 6 section (5) Marriage Law.

[8] Article 3 section (1) and (2), and Article 4 Regulation of the Government Number 9 of 1975 on the Implementation of Law Number 1 of 1974 on Marriage (“Government Regulation 9/1975”).

[9] Article 3 section (1) Government Regulation 9/1975.

[10] Article 2 section (2) Government Regulation 9/1975.

[11] Article 6 section (1) Government Regulation 9/1975.

[12] Article 7 section (2) Government Regulation 9/1975.

[13] Article 8 Government Regulation 9/1975.

[14] Elucidation to Article 8 Government Regulation 9/1975.

[15] Article 10 section (1) Government Regulation 9/1975.

[16] Article 10 section (2) Government Regulation 9/1975.

[17] Article 10 section (3) Government Regulation 9/1975.

[18] Article 11 Government Regulation 9/1975.

[19] Article 26 section (2) Law Number 12 of 2006 on Citizenship of the Republic of Indonesia (“Law 12/2006”).

[20] Article 26 section (3) Law 12/2006.