For foreigners planning to marry in Indonesia, navigating the application and legalization of a marriage certificate can be a complex process. Indonesia has strict requirements for marriage, including religious and civil registrations, depending on the faith of the couple. This article provides an overview of the steps involved in obtaining an Indonesia Marriage Certificate and how to legalize it for official use both in Indonesia and abroad.
Also read: How to Apply for an Indonesian Birth Report for Foreign Nationals
Who is Eligible to Apply Marriage Certificate?
Marriage in Indonesia is governed by Law No. 1 of 1974 concerning marriages, which stipulates that both parties must share the same religion. For Muslim couples, marriages are officiated by the Office of Religious Affairs (Kantor Urusan Agama or KUA), while non-Muslim couples must have a religious ceremony followed by civil registration at the Civil Registry Office (Kantor Catatan Sipil).
Required Documents for Marriage Certificate
The documents required for marriage vary depending on the nationality of the couple and their religious affiliation. For foreign citizens marrying Indonesian nationals, the following documents are generally required:
- Passport: A valid passport is required for both partners.
- Birth Certificate: A certified birth certificate, translated into Bahasa Indonesia by an authorized translator.
- Certificate of No Impediment (CNI): A crucial document that certifies that the foreign national is free to marry. This must be obtained from the embassy or consular office of the foreign spouse.
- Indonesian ID (KTP): Indonesian nationals must provide their KTP (Indonesian ID) and Kartu Keluarga (Family Card).
- Proof of Legal Termination of Previous Marriages: If either party was previously married, they must present a divorce decree or death certificate of the former spouse.
- Photographs: Passport-sized photos of the couple with a red or blue background.
- Temporary Residence Permit (ITAS): For foreign citizens who live and work in Indonesia, a copy of the ITAS or visa may also be required.
These documents must be translated into Indonesian and legalized by relevant authorities. Failure to meet these requirements can delay or invalidate the marriage registration process.
Also read: Steps to Get a Death Certificate for Foreigners in Indonesia
Application Process for Marriage Certificate
The process for obtaining an Indonesia Marriage Certificate depends on the religion of the couple and whether one or both partners are foreign nationals. Below is a general step-by-step guide for both Muslim and non-Muslim couples.
Muslim Marriage
- Submit Documents: Foreigners marrying a Muslim partner must submit all the required documents to the Office of Religious Affairs (KUA). The KUA will verify the documents and confirm the couple’s eligibility.
- Religious Ceremony: A marriage ceremony is conducted according to Islamic traditions. The marriage is then registered with the KUA, which issues the Buku Nikah (Marriage Book). This document is recognized as legal proof of marriage.
- No Civil Registration Required: Muslim marriages registered with the KUA do not require further registration with the Civil Registry.
Non-Muslim Marriage
- Religious Ceremony: The couple must first hold a religious ceremony officiated by their religious institution, such as a church or temple.
- Submit Documents to Civil Registry: After the religious ceremony, the couple must register their marriage with the Civil Registry Office. The civil registration usually involves submitting the religious marriage certificate, along with other necessary documents like birth certificates and CNIs.
- Issuance of Marriage Certificate: The Civil Registry will issue an Indonesia Marriage Certificate after a mandatory 10-day waiting period.
The marriage certificate issued by the Civil Registry is considered legal evidence of the marriage for non-Muslim couples. Without this civil registration, the marriage is not recognized by the Indonesian government.
How to Legalization Marriage Certificate
Legalization of a marriage certificate is required when the couple needs to use the certificate for official purposes abroad, such as applying for visas, changing legal status, or registering the marriage with a foreign government. Legalization ensures that the marriage certificate is recognized as valid by foreign authorities.
Obtain a Certified Translation
the marriage certificate is issued in Bahasa Indonesia, it must be translated into the required language by a sworn translator.
Ministry of Law and Human Rights
The first step in the legalization process involves validating the translated documents through the Ministry of Law and Human Rights’ legalization section. This ensures that the document meets Indonesia’s legal standards.
Ministry of Foreign Affairs
After validation, the document must be submitted to the Ministry of Foreign Affairs of the Republic of Indonesia for further legalization.
Consular Legalization
The final step is obtaining legalization from the embassy or consular office of the foreign spouse’s country of residence. This step may vary depending on the specific requirements of the foreign country.
Special Considerations for Mixed Marriages
For mixed marriages, additional steps may be necessary. Couples should ensure that their marriage certificate is registered with the consular office of the foreign spouse’s country. This will be particularly important if the couple plans to reside abroad, as foreign governments may require proof of legal marriage in both Indonesia and the foreign spouse’s home country.
Also read: How to Apostille Documents for Use in Indonesia
Conclusion
Securing an Indonesia Marriage Certificate involves adhering to both religious and civil procedures. Whether you are a foreigner marrying an Indonesian national or both partners are non-Indonesian, understanding the application process, required documents, and the importance of legalization can make the process smoother. Legalizing the marriage certificate ensures its validity for official use abroad, making it essential for couples who plan to live or work outside Indonesia.
To navigate this process smoothly, it’s important to plan ahead, gather all necessary documents, and consult with both local and foreign authorities to ensure that all requirements are met. Legalization may take time, but it is a crucial step for ensuring your marriage is recognized both in Indonesia and abroad. Check Devisa Global Services for more info!