Is a Marriage Certificate Issued by Another Country Legitimate?

PERTANYAAN

My boss is a foreigner from the UK and his wife (Indonesian Citizen) got married 10 years ago and was not registered in the Indonesian civil registry. Later, the wife passed away and the husband wanted to close the bank account and withdraw the funds. However, the bank refused because there was no marriage certificate and inheritance certificate issued by the court, and rejected the inheritance letter issued by the sub-district and the marriage certificate issued in the UK. Please explain, is the marriage certificate issued in the UK not legally valid in Indonesia?

INTISARI JAWABAN

According to the Marriage Law, marriage between an Indonesian Citizen and a foreigner is legitimate as long as it is carried out according to the applicable law in a country and does not violate the provisions of the Marriage Law and its amendments. What is the basis?

Please read the review below for a further explanation.

ULASAN LENGKAP

This article is an English translation of Sahkah Akta Nikah yang Dikeluarkan Negara Lain? written by Bernadetha Aurelia Oktavira, S.H., and was published on Monday, 16 October 2023.

This article below is an update of the article entitled The Legitimacy of Marriage Certificates Issued by Other Countries written by Diana Kusumasari, S.H., M.H., and was published on Thursday, 17 March 2011.

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.

According to the Indonesian law, specifically Article 56 section (1) Marriage Law, a marriage which is held outside Indonesia between two Indonesian Citizens, or an Indonesian Citizen and a Foreign Citizen is legitimate if:

1. it is conducted according to the law applicable in the country where the
   marriage is being held; and
2. for the Indonesian Citizen, it does not violate the provisions of the Marriage Law and its amendment.

Furthermore, Article 56 section (2) Marriage Law stipulates that within one year after the husband and wife return to the territory of Indonesia, their marriage certificate must be registered at the Marriage Registration Office of their domicile.

Registration for Marriages of Indonesian Citizens Conducted Outside Indonesia

Basically, before being registered in Indonesia, the marriage of Indonesian Citizens held outside the territory of the Unitary State of the Republic of Indonesia must be reported to the Representative of the Republic of Indonesia after being registered with the competent authority in the local country by fulfilling these requirements:[1]

1. Excerpt of marriage certificate from the local country; and
2. Travel Document of the Republic of Indonesia for husband and wife.

In the event that the local country does not organize marriage registration for foreigners, then the marriage registration of Indonesian citizens is carried out at the Representative of the Republic of Indonesia by fulfilling the following requirements:[2]

1. a certificate of the occurrence of marriage from a religious leader or a believer in God Almighty; and
2. Travel Document of the Republic of Indonesia of husband and wife.

Marriages of Indonesian Citizens that are held outside the territory of the Unitary State of the Republic of Indonesia must be reported to the Regency/City Civil Registry Service Office (Dinas Kependudukan dan Pencatatan Sipil/ “Disdukcapil”) or Technical Implementation Unit (Unit Pelaksana Teknis/ “UPT”) Regency/City Disdukcapil in the place where the population is domiciled by fulfilling the following requirements:[3]

1. proof of marriage reporting from the Representative of the Republic of Indonesia; and
2. excerpt of marriage certificate.

Registration for Marriages of Indonesian Citizens with Foreigners Outside Indonesia

If the marriage of an Indonesian Citizen is held with a foreigner outside the territory of the Unitary State of the Republic of Indonesia, which is carried out at the authorized agency in the local country, it must be reported to the Representative of the Republic of Indonesia by fulfilling the following requirements:[4]

1. excerpt of marriage certificate/proof of marriage registration from the local country;
2. Travel Document of the Republic of Indonesia and Travel Document; and
3. a certificate showing domicile or a certificate of moving abroad.

Meanwhile, in the event that the local country does not organize marriage registration for foreigners, marriage registration of Indonesian Citizens with foreigners is carried out at the Representative of the Republic of Indonesia by fulfilling the following requirements:[5]

1. a certificate of marriage in the local country;
2. colored photographs of husband and wife;
3. Travel Document of the Republic of Indonesia and Travel Document; and
4. a certificate showing domicile or a certificate of moving abroad.

So in our opinion, as long as the parties have carried out marriage registration abroad (England) in accordance with the applicable law in that country, the marriage is legally valid with all its legal consequences. The legal consequences include the status of children, marital property, inheritance, rights and obligations of husband and wife if the marriage ends due to divorce, and so on.

However, if you and your wife return to Indonesia, within one year, proof of their marriage must be registered at the Marriage Registration Office where they domicile.

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. Presidential Regulation Number 96 of 2018 on Requirements and Procedures for Population Registration and Civil Registration.

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[1] Article 38 section (1) Presidential Regulation Number 96 of 2018 on Requirements and Procedures for Population Registration and Civil Registration (“Presidential Regulation 96/2018”).

[2] Article 38 section (2) Presidential Regulation 96/2018.

[3] Article 39 Presidential Regulation 96/2018.

[4] Article 40 section (1) Presidential Regulation 96/2018.

[5] Article 40 section (2) Presidential Regulation 96/2018.