Marriage Legalization in Indonesia

marriage legalization IndonesiaIndonesian marriage legalization means to legalize a marriage held by couple that haven't received a certifications or legalization on their marriage. The legalization upon an Indonesian marriage, is acquired by conducting the marriage in accordance to the Indonesian marriage law and the related governing provisions, furthermore a fully registered certificate is issued by the authorized marriage institutions, which is a proof of an admission of validity regarding the marriage performed.

 

An Indonesian legal marriage is classified as a typical legal action conducted by an adult person as prescribed by the law. The Indonesian legal provisions states that there are minimum requirements that must be fulfilled in order to take any legal action that would have long term effect or an exclusive legal implications such as performing a marriage.

 

In general, the Indonesian marriage registration is divided to two different ceremony, which is the religious marriage ceremony and the civil marriage ceremony. The 1974 Indonesian marriage law stipulates that a valid marriage is performed in accordance with the religious believes that the party's currently have, however a civil registration must be conducted afterwards.

 

MARRIAGE LEGALIZATION FOR MOSLEM

The compilation of Islamic law (KHI) states that there are specific pillars which must be fulfilled prior conducting a marriage, such as:

  1. The presence of the groom;
  2. The presence of the bride;
  3. The presence of the marriage guardian;
  4. The presence of two witnesses; and
  5. Expressing Ijab and Qabul ; (which means submission and acceptance for conducting the marriage)

Complying with the above mentioned terms and conditions would definitely made the marriage religiously-legitimate, however to achieve the complete legal admissions and to make the marriage acknowledged by the state and the governing provisions, the marriage must be recorded officially at the authorized moslem marriage registrar which is The Office of Religious affairs, which in turn will issue a marriage book as the proof of validity of the marriage.

Receiving the marriage certificate from the authorized registrar, which enunciate the validity of the marriage, is the ultimate goal for performing a legitimate marriage. However, failure to obtain the said certifications by any grounds will results in impropriety to gain legal acknowledgement for the marriage and the couple that perform the said marriage is required to file for legal petition to The Religious Court, in order to obtain the certifications and legalization on their marriage within the same date when it was previously performed.

 

MARRIAGE LEGALIZATION FOR NON-MOSLEM

An Indonesian religious marriage can be considered as a base material, for the validity of any Indonesian marriage performed. Furthermore, a civil marriage registration must be conducted afterwards to obtain the final certifications of the marriage. Regardless of when the Indonesian religious marriage is performed, the civil certifications must be conducted within the same area of where the religious marriage is performed. 

 

Prior receiving the final legalization from the authorized Indonesian marriage registrar, for the previously held religious ceremony, a marriage conducted can be classified as valid and reserve the rights to be acknowledged by the law.

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