MARRIAGE REQUISITE / LEGALITY

THE LAW

In Indonesia’s 1974 Marriage Law stipulates that marriage can be legally recognized if it is performed according to the religion of both parties. In Indonesia, religion is the main issue in marriage. Marriages between different religions is not allowed in Indonesia. Both spouses must have the same religion in order to get marry legally.

For couple that have made the decision to marry in Indonesia must declare a religion. Agnostic and Atheism are not recognized. The couple choose the type of religious ceremony that they intend to have. For Non-Moslems, the couple must hold a Hindu, Buddhist, Christian-Protestant or Christian-Catholic ceremony first. Marriage partners must have the same religion, otherwise one partner must make a written declaration of change of religion and then record the marriage with the Civil Registry Office. The couple will experience two types of ceremonies. The religious ceremony will be performed first, followed by a civil ceremony. The Civil Registry will in turn issue a Marriage Certificate, which is evidence that the couple are legally married. A Non-Moslem wedding which is not recorded with the Civil Registry is not considered legal. There will be two certificates presented at the end of ceremony, one from the church/temple, and one from the Civil Registry Office.

If the couple have decided the marry in a Moslem ceremony, they must register their marriage at the local Office of Religious Affairs (Kantor Urusan Agama/KUA). Persons wedded in a Moslem ceremony are issued a Marriage Book and it’s legal already in Indonesia. BUT, For Mixed-marriage couples married in Indonesia should pay attention that The Moslem Marriage Book is NOT accepted in several countries – for example, Netherlands. The immigration regulations in the Netherlands require a Certificate of Attestation from the Indonesian Civil Registry Office. This is the certificate that show that the marriage has been registered with the Indonesian Civil Registry Office in order to register at the Civil Registry Office in the Netherlands.

THE REQUIREMENTS

For Foreign Citizen:

– Copy of passport from both parties

– Copy of birth certificate from both parties

– A widow/widower must present a copy of the death certificate of former spouse. If there has been a divorce, the decree must present a copy of divorced certificate.

– Color Photographs size 4×6 cm (10 pieces) of couple side by side in the same photo. Groom in the right side when facing the camera.

– Copy of passport from 2 witnesses

– “Letter of No Impediment to Marriage” issued by your Consular Representative in Bali or Jakarta

– Copy of Documentary evidence of any change of name (eg, former marriage certificate/deed poll)

– Completing the civil form that is issued by Civil Registry Office.

For Indonesian Citizen:

– Copy of Kartu Tanda Penduduk (KTP)

– Copy of Kartu Keluarga (KK)

– Copy of Birth certificate

– Delegation letter from your Parish’s priest in your country for both parties (for Christian-Protestant or Christian-Catholic)

– Never married letter (Surat Keterangan Belum Kawin) from mayor (Kepala Desa or Lurah)

– N1-N4 letter from from mayor (Kepala Desa or Lurah)***

– A widow/widower must present a copy of the death certificate of former spouse. If there has been a divorce, the decree must present a copy of divorced certificate.

– Color Photographs size 4×6 cm (10 pieces) of couple side by side in the same photo. Groom in the right side when facing the camera.

– Copy of Documentary evidence of any change of name (eg, former marriage certificate/deed poll)

– Two witnesses over the age of 18 are required. They must show the originals and present photocopies of their passports if they are foreign citizens or KTP (identity cards) if they are Indonesian citizens.

– Completing the civil form that is issued by Civil Registry Office.

– Before Prenuptial Property Agreement (Surat Pernyataan Harta) which must be signed before a local Notary Public if you wish. This contract is necessary if you wish to hold property separately during the marriage. In the absence of such a document, Indonesian marriage law assumes joint ownership of property, and subsequent property acquisitions by the Indonesian partner will be regulated according to the laws restricting foreign property ownership.

– Men aged 18-21 and women aged 16-21: parental letter of consent, signed across the materai/tax stamp Rupiah 6,000.

One who wishes to get married legally in Indonesia ( Bali ) either local or foreign citizen, must firstly possess the religious wedding requirements below . This would require additional documentation apart from the existing local legal documents required above:

For Catholic and Christian wedding:

– Copy of Baptism certificate(for Christian-Protestant or Christian-Catholic)

– Liberth status from your Parish’s priest in your country for both parties (for Christian-Protestant or Christian-Catholic)

– Canon investigation from your Parish’s priest in your country for both parties (for Christian-Catholic)

For Moslem wedding:

– Copy of passport or KTP from both parties

– Copy of birth certificate from both parties

– Copy of Kartu Keluarga (KK) for Indonesian citizen

– Never married letter (Surat Keterangan Belum Kawin) from mayor (Kepala Desa or Lurah)

– N1-N4 letter from from mayor (Kepala Desa or Lurah)***

– A widow/widower must present a copy of the death certificate of former spouse. If there has been a divorce, the decree must present a copy of divorced certificate.

– “Letter of No Impediment to Marriage” issued by your Consular Representative in Bali or Jakarta

– Letter of Marriage from your country

– Copy of Documentary evidence of any change of name (eg, former marriage certificate/deed poll)

– Color Photographs size 4×6 cm (10 pieces) of couple side by side in the same photo. Groom in the right side when facing the camera.

– Certificate of conversion into moslem for Muallaf

– Separate photograph size 2x3cm and 3x4cm with blue background (5 pieces)

*** N-1 = Surat keterangan untuk nikah

N-2 = Surat keterangan asal –usul

N3  = Surat persetujuan kedua orang tua calon pengantin

N-4 = Surat keterangan orang tua

The Civil Registry office has a Mandatory Waiting Period of 10 working days from the date of filing. This waiting period may be waived for tourists presenting a civil registration form (we’ll provide the form for you). Civil Marriage Certificates will be issued by the Civil Registry usually on the same or next day.

A sworn English translation of the marriage certificate sometimes need to be obtained for use abroad (in certain country). However, to have the sworn translation of the marriage certificate verified or a special translation made by the Consulate of your home country or the Consulate of your country of residence might prove useful.

The couple should take the originals of all documents mentioned above to Bali, as the couple will be required to make a sworn statement of their intention to marry in Bali at their respective Embassy or General Consulate of their country origin ( either in Jakarta or Bali ). The couple need to apply the Certificate on No Impediment. The couple need to bring another four (4) pieces black and white photographs for administration purposes. An additional nominal administration charge shall apply depending on the rules and regulation of each respective country. This payment is not included in any of our packages. Please contact your Embassy or Consulate in Jakarta or Bali for further information, as you might need extra certain legal documents from your government. Philippines nationality or other nations people with no consulate in Bali should stay at least one (1) night in Jakarta for their sworn statement letter purposes.

International Recognition

Mixed-marriage couples married in Indonesia should pay attention to this issue, especially if they have married in Moslem ceremony. The Moslem Marriage Book is NOT accepted in several countries – for example, Netherlands. The immigration regulations in the Netherlands require a Certificate of Attestation from the Indonesian Civil Registry Office. This is the certificate that show that the marriage has been registered with the Indonesian Civil Registry Office in order to register at the Civil Registry Office in the Netherlands. You need to submit supporting documents such as your passports, visa, marriage books, and photographs (with groom on the right side).

Theoretically, this is may sounds odd. The Office of Religious Affairs and the Civil Registry Office are the Indonesian government institutions that have the authority to record your marriage. But, in actual practice, you will experience numerous legal difficulties if you are not fully aware of the legal consequences of your actions.

If you go to the Surabaya Civil Registry Office, they will not issue a Certificate of Attestation based on the Moslem Marriage Book. They don’t even want to provide the letter of rejection either. They find Office of Religious Affairs has the same position as them, believing that they are not authorized to issue such certificate.

According to the Regional Autonomy Law of 2004, the regulation for civil registry and population services is the sole responsible of local municipal offices. So, the Surabaya Municipal offices is fully within its authority to consider that the Religious Affairs and Civil Registry take the same legal position.

Another matter that deserves attention is document legalization. Immigration-related documents require certifications or legalizations or authentications in order to be recognized internationally.

The legalization rules are different for each country. Not all information is provided clearly and regulations are not the same in every country. This conflicting information is typical of government bureaucracy all over the world. As we are aware, US rules specify that your certificate(s) should be less than a year old. As for the Netherlands regulations, the certificate(s) should be less than five years old. The process is usually complicated and in many cases a lack of time or expertise can cause delays and valuable time will be lost.

Indonesia is not a part of the Hague Convention, a group of nations joined to create a simplified method of legalizing documents for universal recognition. Therefore, you need an Embassy Legalization for your documents to be valid internationally.

As a non-member of the Hague Convention, Indonesian documents must fulfill certain requirements before the foreign embassy can legalize your documents. Indonesian documents should first pass the procedures at the related government institutions in Indonesia, such as Notary Public certification, Civil Registry, Department of Justice, Department of Foreign Affairs, and/or Department of Religion.

Marriage Legalization

The mixed-couple who has decided to get marry abroad, will not be exempted from the law. The 1974’s Marriage Law stipulates that within one year after your return to Indonesia, you must report the marriage to the Civil Registry Office. You will be presented a Surat Tanda Bukti Laporan Perkawinan (STBLP). This certificate is very important and will make your marriage recognized by Indonesian law. Even if you have decided not to stay in Indonesia, this certificate is a must-have document. You never know what will happened in the future and something may cause you to move back to Indonesia. By then, complications will arise in your case due to the long interval of time. You will need to get a court decree in order for your marriage to be recorded at civil registry office. It will ensure additional hassles if you choose to deliver a baby in Indonesia in the future. You can not get the foreign birth certificate for the baby if you do not possess a STBLP. In addition to the STBLP, it is also a very important document if you would like to own property in Indonesia. The Notary Public will require an Indonesian marriage certificate, whether it’s a STBLP or a regular marriage certificate. Your overseas marriage certificate will NOT be accepted because your marriage is not recognized by Indonesian law.

show hide 7 comments

June 15, 2015 - 10:31 pm

Peggy I would like to have a legal wedding in Bali end of August . We are from Macau but I have a problem with my fiancé since he is born from China long ago so there is no way for him to get a birth certificate . Is there’s any other way to solve this problem because we really wish to have a legal wedding in such beautiful place.

March 7, 2015 - 3:42 am

Cheryl McClean My partner was born in Italy is now a Naturalised Australian. We want to get married in Bali in 6 months but trouble is my partner cannot find his Birth Certificate, due to the lack of information of where he was born in Italy we doubt we can get it in time, we have spoken to a private investigator in Italy already. What my partner does have is a Australian Passport valid plus invalid, Australian Citizenship documents with DOB, Australian Drivers licence, Australian Medicare Card and a Government ID card that has his name and picture on it. will this suffice, as on the consulate site it states that it would be handy to bring where with the other things needed like Passport etc does need to be there. Can we still get married

October 30, 2014 - 4:30 pm

daphne hi, both my fiancé and myself are Singaporean and we intend to have just our solemnisation in Bali. would you be able to advise me on the procedure please? thank you.

October 5, 2014 - 12:32 am

annie hello I’m Filipino citizen and my fiance is danish national?we plan to get married in BALI i just want to know if what requirements you need?if we get married there is your law is same in Philippines no divorce or there have a divorce in Bali?thank you

March 20, 2014 - 4:08 am

amity liddell hello,

Just enquiring about legal wedding services. I have friends who want to be legally married in bali before their actual wedding day. they want a celebrant to do their wedding day.

can you help?

Thanks

October 5, 2013 - 5:45 am

nova please send me the price list and details for wedding packages for about 100 guests, thank you

April 12, 2013 - 12:10 pm

Jones sabo it floods the particular to dating which has been Perhaps you can write next articles referring to this article. I desire to read even more things about it! Nice post. I was checking constantly this blog and I am impressed! Very helpful information specifically the last part 🙂

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