Marriages that are held abroad and the legal consequences

Oct 13, 2025 by windailys.com 54 views

Marriages that are held abroad and the legal consequences

The Importance of Marriage Registration for Indonesian Citizens Abroad

Marriages held abroad by Indonesian citizens (WNI) have special rules that must be followed to ensure legal certainty and protection. In accordance with Article 56 paragraph (1) and (2) of Law Number 1 of 1974 concerning Marriage, WNI marriages abroad must be carried out cumulatively, not alternatives. This means that all requirements listed in the law must be met, including the registration of the marriage.

However, there is a legal gap related to the registration of Indonesian citizens' marriages that are held abroad. Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974 do not clearly and firmly regulate the consequences of negligence in registering a marriage proof. This causes legal uncertainty and has the potential to harm the parties concerned.

The Importance of Marriage Registration

The importance of marriage registration is not only for proof to third parties, but also to get state recognition. If not registered, the marriage is considered never to exist and is not recognized by the State of Indonesia. This means that all legal aspects related to the marriage, such as inheritance, child custody, and rights to joint assets, cannot be claimed.

For example, in the case of Jurisprudence of the Supreme Court of the Republic of Indonesia Number 349 K/SIP/1967, the court asserted that the court has the authority to assess the validity of the marriage that is held abroad. In the assessment process, the judge will consider the "proof of marriage report" from the married couple concerned. This shows that proof of marriage registration has an important role in determining the validity of marriage in the eyes of the law.

The Need for Revision of Laws and Socialization

Therefore, the government needs to revise Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974. This revision must emphasize legal consequences for Indonesian citizens who neglect in registering their marriages abroad.

In addition, socialization and education to the Indonesian people about the importance of registering marriages abroad also needs to be done. The government must reach all levels of society so that they understand the importance of the registration process to obtain legal certainty and legal protection.

Creating a United Legal Framework and Opinion

With these efforts, it is expected to create "United Legal Framework" and "United Legal Opinion" regarding Indonesian citizens' marriages. This will create legal certainty and justice for all parties, as well as building a just and transparent legal system.

The Role of the Government in Ensuring Legal Certainty

The government has a crucial role in ensuring legal certainty and protection for Indonesian citizens who get married abroad. By revising the laws and regulations related to marriage registration, the government can provide a clear and firm framework for the registration process.

Moreover, the government must also provide education and socialization to the Indonesian people about the importance of registering marriages abroad. This can be done through various channels, such as media, schools, and community organizations.

The Benefits of Marriage Registration

Marriage registration has many benefits for Indonesian citizens who get married abroad. By registering their marriage, they can obtain legal certainty and protection, as well as access to various rights and benefits.

For example, registered marriages can provide proof of marriage for immigration purposes, inheritance, and child custody. They can also provide access to joint assets and other benefits.

Conclusion

In conclusion, marriages held abroad by Indonesian citizens have special rules that must be followed to ensure legal certainty and protection. The government needs to revise the laws and regulations related to marriage registration, and provide education and socialization to the Indonesian people about the importance of registering marriages abroad.

By doing so, the government can create a "United Legal Framework" and "United Legal Opinion" regarding Indonesian citizens' marriages, and provide legal certainty and justice for all parties. This will also help to build a just and transparent legal system.

Recommendations

Based on the discussion above, the following recommendations are made:

The government needs to revise Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning Implementing Regulations of Law Number 1 of 1974 to emphasize legal consequences for Indonesian citizens who neglect in registering their marriages abroad.
The government needs to provide education and socialization to the Indonesian people about the importance of registering marriages abroad.
The government needs to create a "United Legal Framework" and "United Legal Opinion" regarding Indonesian citizens' marriages.
The government needs to provide access to various channels for Indonesian citizens to register their marriages abroad, such as online registration and mobile apps.

By implementing these recommendations, the government can ensure legal certainty and protection for Indonesian citizens who get married abroad, and provide a just and transparent legal system.
Marriages that are held abroad and the legal consequences: Q&A

Frequently Asked Questions about Marriages Held Abroad

Marriages held abroad by Indonesian citizens (WNI) have special rules that must be followed to ensure legal certainty and protection. However, many people are still unclear about the legal consequences of not registering their marriage abroad. In this article, we will answer some frequently asked questions about marriages held abroad.

Q: What are the requirements for a marriage held abroad by Indonesian citizens?

A: According to Article 56 paragraph (1) and (2) of Law Number 1 of 1974 concerning Marriage, WNI marriages abroad must be carried out cumulatively, not alternatives. This means that all requirements listed in the law must be met, including the registration of the marriage.

Q: What are the consequences of not registering a marriage held abroad?

A: If a marriage held abroad is not registered, it is considered never to exist and is not recognized by the State of Indonesia. This means that all legal aspects related to the marriage, such as inheritance, child custody, and rights to joint assets, cannot be claimed.

Q: Can a marriage held abroad be recognized by the State of Indonesia if it is not registered?

A: No, a marriage held abroad that is not registered cannot be recognized by the State of Indonesia. The government has the authority to assess the validity of the marriage, and if it is not registered, it will not be recognized.

Q: What is the role of the government in ensuring legal certainty and protection for Indonesian citizens who get married abroad?

A: The government has a crucial role in ensuring legal certainty and protection for Indonesian citizens who get married abroad. By revising the laws and regulations related to marriage registration, the government can provide a clear and firm framework for the registration process.

Q: How can Indonesian citizens register their marriages abroad?

A: Indonesian citizens can register their marriages abroad through various channels, such as online registration and mobile apps. The government must provide access to these channels to make it easier for citizens to register their marriages.

Q: What are the benefits of registering a marriage held abroad?

A: Registering a marriage held abroad provides many benefits, including:

Legal certainty and protection
Access to various rights and benefits, such as inheritance, child custody, and rights to joint assets
Proof of marriage for immigration purposes
Access to joint assets and other benefits

Q: Can Indonesian citizens who get married abroad still claim their rights and benefits if their marriage is not registered?

A: No, Indonesian citizens who get married abroad and do not register their marriage cannot claim their rights and benefits. The government will not recognize the marriage, and all legal aspects related to the marriage will not be applicable.

Q: What is the importance of socialization and education about the importance of registering marriages abroad?

A: Socialization and education about the importance of registering marriages abroad are crucial to ensure that Indonesian citizens understand the importance of the registration process. The government must reach all levels of society to provide education and socialization about the importance of registering marriages abroad.

Q: How can Indonesian citizens ensure that their marriage is recognized by the State of Indonesia?

A: Indonesian citizens can ensure that their marriage is recognized by the State of Indonesia by registering their marriage abroad. This will provide legal certainty and protection, as well as access to various rights and benefits.

Conclusion

Marriages held abroad by Indonesian citizens have special rules that must be followed to ensure legal certainty and protection. The government must revise the laws and regulations related to marriage registration, and provide education and socialization to the Indonesian people about the importance of registering marriages abroad. By doing so, the government can create a "United Legal Framework" and "United Legal Opinion" regarding Indonesian citizens' marriages, and provide legal certainty and justice for all parties.