There are many married couples in Indonesia where either the wife or husband is a foreigner and the spouse is Indonesian.
Indonesian government regulations do NOT treat these two circumstances in the same manner.
Almost all the regulations that apply to foreign wives of Indonesian men are very different than those that apply to foreign husbands of Indonesian women, few similarities can be found between the two circumstances.
We will attempt to touch on our understanding some of the pertinent regulations that affect the lives of people in these marriages.
Be forewarned that there is GREAT leeway in the regulations. Some people find that they can wind their ways through their document needs in Indonesian officialdom with paying few bribes ... but most will utilize the Indonesian spouse's family connections, and/or facilitating payments, to lessen the trials.
The basis for the difference in treatment seems to be related to the issue of working.
Foreign wives of Indonesian husbands are assumed by the Indonesian government to be housewives and mothers.
Foreign husbands of Indonesian women are assumed to be looking for a job. The Indonesian government treats these two cases very differently.
Foreign wives can easily enter Indonesia under an ikut suami status, these women are assumed to be 'following their husbands'.
The vital document for this status is the marriage certificate. Foreign husbands, on the other hand, must obtain a sponsor and work permit before they are issued a visa to reside in Indonesia.
They are treated in the same manner as any other foreigner who wants to come to Indonesia to work.
Differences in the strictness of the application of the law also depend on who you are speaking to in a government office, some officers being more accommodating than others, as well as which sub branch government office you are dealing with. To put it simply ... regulations are not applied equally for all.
Getting Married in Indonesia
In accordance with Law No. 1 of 1974 concerning marriages in Indonesia Article 2 (1): "a marriage is legitimate if it has been performed according to the laws of the respective religious beliefs of the parties concerned.
"All couples who marry in Indonesia must declare a religion. Agnosticism and Atheism are not recognized.
The Civil Registry Office (Kantor Catatan Sipil) can record marriages of persons of Islam, Hindu, Buddhist, Christian-Protestant and Christian-Catholic faiths.
Marriage partners must have the same religion, otherwise one partner must make a written declaration of change of religion.
The Religious Marriage under Islam is performed by the Office of Religious Affairs (Kantor Urusan Agama) in a ceremony at a mosque, the home, a restaurant, or any other place chosen by the couple and is legal immediately after the ceremony.
A Christian, Hindu or Buddhist marriage is usually performed first in a church or temple ceremony.
After the religious ceremony, every non-Islamic marriage must be recorded with the Civil Registry (Kantor Catatan Sipil).
Without the registration by the Civil Registry these marriages are not legal.
Recording by Civil Registry officials can be performed directly at the religious ceremony for an additional fee.
Persons of non-Islamic faith are required to file with the Civil Registry Office in the Regency where they are staying first a Notice of Intention to Marry as well as a Letter of "No Impediment to Marriage" (Surat Keterangan tentang tidak adanya halangan terhadap perkawinan) obtained from their consular representatives.
For the issue of the Letter of No Impediment to Marriage by your Consular Representative you may need to present for yourself and your fiance(e) your:
1. certificate of birth,
2. certificate of your local council stating your nationality, legal address and marital status
3. Passport(s) valid for more than 6 months for foreign citizens, or KTP (Identity card) for Indonesian citizens, and
4. Certified Divorce Decrees (absolute/final) and/or Death Certificates regarding the termination of all previous marriages.
5. Surat kesehatan (letter of good health) issued by the foreign embassy/consulate stating that the expat spouse is in good health and able to marry.
Different countries may have different requirements, so contact the Consular Representative of your country in their Jakarta Embassy for details well before the intended date of marriage.
For the Notice of Intention to Marry you have to submit some or all of the following documents for both partners to the Civil Registry Office. (Show the original and give them a photocopy - all documents should not be older than three months prior to the wedding):
1. Certificate of the religious marriage,
2. Passport for foreign citizens, or KTP (Identity card) for Indonesian citizens,
3. Certified birth certificate, legalized and translated into Bahasa Indonesia,
4. Certified divorce decree (absolute) or death certificates regarding the termination of all previous marriages,
5. Proof that all taxes for the foreigner were paid,
6. Certificate of the structure of your family
7. Certificate of birth for all your legal children
8. Certificate of religion
9. Certificate of your marital status
10. Four 4 x 6 cm photos, both partners side by side,
11. Foreign citizens: 'Letter of No Impediment to Marriage' issued by your Consular Representative,
12. For Indonesian citizens: never married: a Surat Keterangan Belum Kawin from RT, Kepala Desa or Lurah (district chief); Men aged 18-21 and women aged 16-21:
13. Parental letter of consent, signed across the meterai/tax stamp Rupiah 6,000.
Before the marriage, you and your fiance(e) also may wish to file with the Civil Registry a prenuptial Property Agreement (Surat Pernyataan Harta) which must be signed before a local Notary Public.
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.
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. Civil Registry employees can act as witnesses.
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 guest registration form (Form A). Islamic Marriage Certificates (Buku Nikah) issued by the Office of Religious Affairs (Kantor Urusan Agama) are legally valid in Indonesia and do not require registration with any other agency if you are going to live in Indonesia.
However, if you might move somewhere else in the future, get a marriage certificate issued by the Civil Registry and an officially certified translation right away (see below).
All other Marriage Certificates will be issued by the Civil Registry usually on the same or next day.
A sworn English translation of the marriage certificate should be obtained for use abroad. It may be necessary for the marriage certificate or translation to be registered by your Consular Agency.
Or you may choose to have the sworn translation of the marriage certificate verified or a special translation made by the Consular Agency of your home country or the Consular Agency of your country of residence might prove useful.
Process of legalization of documents:
1. Legalization of all documents is done by the Ministry of Foreign Affairs (Departemen Luar Negeri), Directorate for Consular Affairs - Legalization Section, Jl. Taman Pejambon 6, Jakarta Pusat
2. Then these documents have to be translated into Bahasa Indonesia by a certificate translator.
3. The translations have to be validated by the Ministry of Justice (Departemen Kehakiman), Legalization Section, Jl. Rasuna Said 3, Kuningan, Jakarta Selatan and also by the Ministry of Foreign Affairs.
When you finish all the paperwork detailed above, take it to your government's embassy in Jakarta where they can validate any necessary documents.
In your home country, you can present these wide array of official documents to the local government to get a legal wedding certificate in your home country.
After reading through the extensive bureaucracy involved for foreigners marrying
Indonesians ... you can see why a lot of them opt to marry overseas instead !
Getting Married Abroad
A foreign marriage certificate will be recognized by the Indonesian government (for the purposes of Indonesian paperwork) if you take your foreign marriage certificate to the Indonesian consular office and have an Indonesian translation of the foreign marriage certificate "consularized" by the Indonesian consular office for the area which you live.
The consularization process means that the verify the validity of the document and stamp the back of the document and sign it and use an official stampl.
The Consular office can usually help you to translate your marriage certificate, for a fee. If you're not sure which consulate you should do the paperwork through, contact the Consular office of the Indonesian Embassy in your capital city, tell them which city/state/province you live in and they will tell you which consular office to go to for your paperwork.
In a few cases (usually due to differing religions) the foreign spouse may be asked to convert or the couple must remarry, but in most cases a consularized translation of the marriage certificate is adequate.
Especially in cases where the couple already have children and have been married for some time, there are fewer questions about the legality of their marriage.
Indonesian government regulations stipulate that you must return to Indonesia within a year of your marriage and register your marriage with the Civil Registry (Kantor Catatan Sipil).
When you register you will obtain a Tanda Bukti Laporan Perkawinan, which makes your marriage legal in Indonesia.
The Kantor Catatan Sipil may ask you for ... are you ready ... a letter from the foreign spouse's parents saying they give permission for the marriage, even after the fact! Seems strange ... but this request has come up repeatedly.
So, if you want to avoid hassles, get a letter from you folks or other senior family member before you start through the bureaucracy at Kantor Catatan Sipil.
They may also ask for a certified letter from the foreign spouse's embassy verifying that the marriage certificate is legal ... which shouldn't be any problem if it is notarized, and especially if you have had the translation consularized by the Indonesian consular officials abroad.
If you have children, you can bring them with you to these meetings ... more proof that you're married! Don't despair, often the officials are happy with just seeing a copy of your foreign marriage certificate, consularized by the Indonesian consulate and that is adequate to register you.
But as with everything else - there is an exception to every rule!
It is customary in Indonesia to throw a big reception to which everyone one of the Indonesian partner's family members, friends and acquaintances is invited.
Some couples who have married abroad may opt to have a reception in Indonesia which, in theory, demonstrates the Indonesian spouse's family's support of the marriage.
Inter-faith marriages
Indonesian government regulations make it difficult for people of different faiths to marry. If you want to be married in Indonesia, the official government regulation is that either the bride or groom must convert to the other's religion.
This can be done in the Kantor Urusan Agama in the Religious Affairs Ministry.
While for some this is a true conversion, for others this is simply a paperwork formality to enable the couple to marry and ease documentation procedures.
As with everything else - you may find yourself the exception, with no one asking anything about your faith when you go to get married or register your marriage.
In many cases the man is asked (by the girl's family or religious leaders in her community) to get circumcised.
In some cases they'll ask for visual proof, in others, they'll take your word for it ... !
In Islam, it is forbidden for a Muslim woman to marry a man who is not Muslim - thus the pressure will build from the Indonesian fiance and her family for the expatriate non-Muslim man to convert.
Conversely, a Muslim man may marry someone who is one of the "People of the Book" who share the historic religious roots of Islam - Christian and Jewish women.
The understanding though is that the children of these couples must be raised Muslim. In fact, these mixed religious couples will raise their children as they see fit.
We've seen examples of strict Muslim upbringing, strict Christian upbringing, no religious participation/attendance, and even indifference to religious upbringing.
Some inter-faith Indonesian couples purposefully get married while they are overseas and return with the marriage a fait accompli ... legal documents and all ... and that is one way out of one of the Indonesian partners having to convert in order to marry.
Mind you we are simply discussing legalities here.
Once you move to Indonesia, one may find that the pressures from the Indonesian spouse's family and friends may influence the foreign spouse's previous decision to convert or not to convert to the Indonesian spouse's religion.
Indonesian society tends to be much more religious than western societies.
Even if your Indonesian fiance isn't particularly religious, be prepared for his/her family to be so.
Generally speaking Indonesians find it very difficult to go against their family's wishes.
There is a support group for foreign women married to Indonesian men who are considering converting to Islam, called Sisters.
There is also a support group in Jakarta for expat men (mostly married to Indonesian women) who have converted to Islam Jakarta International Muslim Society.
Be advised that all Indonesians living overseas must register their presence with the nearest Indonesian consular office.
The penalty if you do not do this within two years of your arrival is certain complications in renewal of passports, and could even entail loss of Indonesian citizenship.