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By:
Team of Hukumindo
For couples who are getting married, various preparations related to the wedding will certainly take up a lot of their time. There are many things that must be prepared from the start, including the fulfillment of various mandatory requirements to carry out the marriage itself.[1]
For those who are married to Indonesian citizens (WNI) this may be done in a fairly short time, considering the various requirements requested will also not be too complicated. However, for couples who marry from different countries (WNI and WNA), a number of requirements will be a little more complicated and will take a long time to prepare, considering that various documents from both countries will be required for this.[2]
Marriage between Indonesian citizens and foreigners will require a number of processes that are quite long, because the processing of various marriage documents will be carried out in the two countries of the spouses concerned. Things like this certainly deserve special attention, before finally choosing the time and also various other preparations related to the wedding later.[3]
Legal Basis
Marriage of different nationalities is no longer a foreign thing that occurs in the midst of the times. This is also influenced by the development of communication technology which no longer makes distance and time differences an obstacle. The mobilization of humans themselves as social beings contributes to the number of marriages of different nationalities becoming increasingly common. Seeing that marriage no longer considers differences in citizenship, there are several regulations that must be followed and documents that must be fulfilled so that an Indonesian citizen (WNI) can register his marriage with a foreign citizen (WNA) in the territory of the Republic of Indonesia.[4]
In Indonesia, based on Article 57 of Law No. 1 of 1974 concerning Marriage, what is meant by mixed marriage is marriage between two people in Indonesia subject to different laws due to differences in citizenship and one of the parties is an Indonesian citizen.[5] In other words, what is meant by mixed marriage according to Indonesian law (Law No. 1 of 1974 concerning Marriage) is a marriage between a citizen and a foreign citizen.
Various Documents Needed for Prospective Mixed Marriage Couples In Indonesia
There are so many documents that you have to prepare. Some have existed and remain part of the terms. Several documents must be obtained from the relevant government agencies. Some other documents require treatment such as legalization.
Documents for Indonesian Citizens[5]
- RT/RW cover letter stating that there are no obstacles to getting married;
- Forms N1, N2, and N4 obtained from Kelurahan (Village) and Kecamatan (Sub District);
- Special N3 form for married couples at Kantor Urusan Agama or Religious Affairs Office (signed by both prospective spouses);
- Photocopy of ID card;
- Photocopy of Birth Certificate;
- Data on the parents of the prospective bride and groom for Indonesian citizens;
- Photocopy of Family Card (KK);
- Parents' Marriage Book (if the prospective Indonesian citizen is the first child);
- Data of two witnesses to the marriage along with a photocopy of their ID card;
- 2×3 (4 sheets) and 4×6 (4 sheets) photographs;
- The latest proof of PBB (Earth Building Tax) Payment, if required.
- In addition, several documents are required for spouses of Indonesian citizens as a condition for their spouses who are foreign citizens.
Documents for Foreign Nationals[6]
- Certificate of No Impediment (CNI), which is a certificate stating that you can marry and will marry an Indonesian citizen, this letter is issued by the competent authority in the country, such as the Embassy;
- Photocopy of identity card from country of origin;
- Copy of Passport;
- Photocopy of birth certificate;
- Certificate of not being married;
- Divorce certificate if you have been married;
- Spouse's death certificate (if the previous spouse has died);
- Current domicile certificate;
- 2x3 (4 sheets) and 4×6 (4 sheets) photographs;
- Marriage form from the relevant Embassy.
Just a note, people usually need spend of time to collect documents from their foreign spouse. This is because the documents must be processed between two countries, which of course takes energy and time. Do not let the documents you need are incomplete but you have already determined the date of the wedding reception, or you have already spread the wedding invitations, some even already ordered catering and bridal makeup. This is fatal, you will be in trouble if this happens. And if you have difficulty for getting married in Indonesia, contact us, we will be glad to help you.
*) For further information please contact:
Mahmud Kusuma Advocate
Law Office
Jakarta - Indonesia.
E-mail: mahmudkusuma22@gmail.com
________________
References:
1. "Ini Dia Syarat Mengurus Pernikahan WNI dan WNA", www.cermati.com., Diakses pada tanggal 23 Februari 2022, https://www.cermati.com/artikel/ini-dia-syarat-mengurus-pernikahan-wni-dan-wna
2. Ibid.
3. Ibid.
4. "Dokumen Wajib Untuk Menikah dengan WNA di Indonesia", bahasan.id., Diakses pada tanggal 23 Februari 2022, https://bahasan.id/dokumen-wajib-untuk-menikah-dengan-wna-di-indonesia/
5. Ibid.
6. Ibid.