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Family Law of Indonesia (Marriage, Divorce, Custody and child support, Property)

Marriage:

“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 in Indonesia.

The Civil Registry Office 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.

Every non-Islamic marriage must be recorded with the Civil Registry. Without the registration by the Civil Registry these marriages are not legal.

The Religious Marriage under Islam is performed by the Office of Religious Affairs (Kantor Urusan Agama)) 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.

Age:

Minimum age for Marriage according to the Marriage Law.

For men: 19 years.

For women: 16 years.

Those who are under 21 years of age must obtain the consent from their parents to enter into marriage.

For the Notice of Intention to Marry you have to submit the following documents for both partners to the Civil Registry Office. •

Certificate of the religious marriage:

• Passport for foreign citizens, or KTP (Identity card) for Indonesian citizens;

• Certified birth certificate;

• Certified divorce decree (absolute) or death certificates regarding the termination of all previous marriages;

• Four 4×6 cm photos, both partners side by side;

Foreign citizens:

• ‘Letter of No Impediment to Marriage’ issued by your Consular Representative for Bali or Indonesia;

Indonesian citizens:

• never married: letter Surat Keterangan Belum Kawin from Kepala Desa or Lurah (mayor);

• Men aged 18-21 and women aged 16-21: parental letter of consent, signed across the meterai/tax stamp Rupiah 2,000. •

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.

The Civil Registry office has a Mandatory Waiting Period of 10 working days from the date of filing.

Marriage may be terminated due to several reasons asfollows:

1. Death of either party

2. Divorce

3. Upon court’s decision Divorce:

There are two ways to effect divorce:

1. Divorce by “talak”

2. Divorce by judgement of the court of law.

Divorce by “talak” is applicable to Moslem spouses.

Divorce by judgement of the court of law is applicable to Moslem as well as non-Moslem spouses.

Divorce may only be executed before a court session, before the district court for Non-Moslems and before the religious court for Moslems.

Therefore, either one of the parties wanting to divorce needs to file a divorce petition to the court.

Divorce can only be obtained by a judgement of the court of law, after the court has tried unsuccessfully to reconcile the parties. Talaq:

Marriage Law provides that divorce shall be carried out only before Court of Law, after Court has endeavored to reconcile the parties; husband married under Islamic law may submit letter notifying religious court of his intention to divorce and giving his reasons; if husband’s reasons accord with any of six grounds for judicial divorce outlined in Marriage Law and determines that reconciliation is not possible, court will grant session in order to witness divorce.

Judicial Divorce:

Either spouse may seek judicial divorce (preceded by reconciliation efforts by judge) on the sufficient reasons”. The reasons for a divorce have been regulated in the Marriage Law, which are, in the event where one of the parties:

1. Has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;

2. Has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;

3. Has been sentenced to imprisonment for five years or a longer period

4. Has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse; •

5. has developed a disability or disease, preventing from fulfilling the duties of husband or wife; or •

6. Irreconcilable differences.

Custody and child support:

Marriage Law simply provides that in case of dispute over custody, Court shall render its judgement; father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case Court may order mother to share expenses. In case of minor children, the Court will usually award custody of such children to the mother, unless the mother is the one who is at fault or there is proof of her incompetence Being a holder of child custody and maintenance is not permanent. A father or a mother could lose child custody and maintenance in the event he/she cannot guarantee the child’s physical and spiritual safety. At the request of child’s relatives concerned, the religious court may transfer the custody rights to other relatives who have rights of custody as well. Although child custody is a right of a mother, but sometime she could lose the rights due to special factors.

Property:

Property acquired during the marriage shall become joint marital property of the husband and the wife. Property brought into marriage by the husband or the wife or acquired separately by either one of them as a gift or inheritance shall remain the property of the party concerned, unless determined otherwise. The division of joint marital property will be dealt with according to the respective laws of the spouse. The laws may be their respective religious laws, customary law and other laws. The joint property is usually divided equally between the spouses.