A problem over legalising an overseas marriage

[psyiren]

I read with interest in a previous thread in which Atlantis posted a reply that all overseas marriages must report to the Catatan Sipil RI to register their marriage as 'Legal' in the eyes of Indonesian law.

My wife and I have been married for almost 2 years (civil, non-religious marriage in the UK, where we still reside) and it was my wife who arranged to 'legalise' our marriage status. She did this by writing a letter to KBRI London UK, along with sending our wedding certificate and passports, and upon completion of this, everything was returned. I expected a letter of some kind, written in Bahasa Indonesia, but instead all we have is a stamp in my wifes passport.The stamp is as follows:

~
According to the marriage certificate No ######## she is now legal wife of ########
A.N.DUTA BESAR RI EJABAT URUSAN KONSULER
<hand written signature & printed name>
SEKRATARIS KETIGA

<OFFICIAL STAMP>
KEDUTAAN BESAR REPUBLIK INDONESIA
LONDON
~


We have no other documents, and what concerns me most is why this is written in English? When eventually we move to Indonesia, my wife will be my KITAS sponsor (once the SosBud runs out), and if I was to show this to somebody in the KanIm surely this will hold no ground?!

Does anybody know if this is 'legal', and do we still need to worry about reporting to Catatan Sipil RI?

Thanks

 

[wepro]

Hi Psyiren
Our wedding was in Germany 5 years ago. We got also a stamp in my wife’s passport from the RI consulate there. But I think this stamp is just for the British administration so its more easy for getting her visa or visa extension (I know this one only from Germany but I think its similar in UK?). When my wife came back to Jakarta she went with the (German) wedding document to the German Embassy there. She got the address from some legal translators and got the document translated and certified. This document was ok during the last 3 years to get my social visa extension here in Bali and to get my social visa abroad.
But now when we applied for the Vitas we also must go to the “Catatan Sipil” here in Denpasar to get the marriage legalized. But this was not a big deal. My wife just brought her passport, her ID card and the certified wedding documents (German and Indonesian version) to the Catatan Sipil, paid 200.000 Rup and 2 days later she got the “Pendaftaran Perkawinan”.
Next week we will be back in Germany for some weeks and I will apply for Vitas there at the RI embassy. I hope everything will run smoothly. Approval and agreement sent to the embassy already by Immigration Office Jakarta. Coming back to Bali with the 1-year visa (hopefully) I have to go to the Imigrasi here in Tuban and the Vitas will be changed into Kitas (sponsored by spouse, not for working!). Cost about 700.000 Rup.
That’s it – if you have further question you also can send a PM to me.
Regards
Werner

 

[KaBIm]

Hi psyiren,

I read with interest in a previous thread in which Atlantis posted

Am I so easy to recognise ? :lol:
I post under the nic Kabim here...

I expected a letter of some kind, written in Bahasa Indonesia, but instead all we have is a stamp in my wifes passport.

This is the normal procedure. Marrying abroad requires a first report to the KBRI in the country the wedding took place, then a subsequent report in Indonesia. When you guys will be back in Indonesia, you will have 30 days to report your oversea's wedding to the Dinas kependudukan dan Catatan Sipil of your wilayah of residence (Pasal 37, Undang Undang nomor 23 tahun 2006 tentang administrasi kependudukan). Failure to do so would expose you to a fine of up to IDR 1.000.000. (Pasal 90, Undang Undang nomor 23 tahun 2006 tentang administrasi kependudukan).
The Capil will deliver you the document which legally acknowledges the report of your wedding.
Prior to 2006, mixed couple had 1 year to report an oversea's marriage, as per the 1974 marriage law (UU 1/1974) states. However the enactment of the new administration of population law in late 2006 shortened this delay to only a month.

Source:

Pasal 37 UU 23/2006
(1) Perkawinan Warga Negara Indonesia di Luar wilayah Negara Kesatuan Republik Indonesia wajib dicatatkan pada instansi yang berwenang di negara setempat dan dilaporkan pada Perwakilan Republik Indonesia.
(...)
(4) Pencatatan perkawinan sebagaimana dimaksud pada ayat (1) dan ayat (2) dilaporkan oleh yang bersangkutan kepada Instansi Pelaksana di tempat tinggalnya paling lambat 30 (tiga puluh) hari sejak yang bersangkutan kembali ke Indonesia.


Pasal 90 UU 23/2006
(1) Setiap Penduduk dikenai sanksi administratif berupa denda apabila melampaui batas waktu pelaporan Peristiwa Penting dalam hal:
(...)
b. perkawinan sebagaimana dimaksud dalam Pasal 34 ayat (1) atau Pasal 37 ayat (4):
(...)
(2) Denda administratif sebagaimana dimaksud pada ayat (1) paling banyak Rp.1.000.000,00 (satu juta rupiah).
(...)

 

[psyiren]

Thanks both of y'all! Was getting a little worried back there!!

Also, im 99.99% sure I know this already, but just a double double check - Indonesia will legalize any marriage (regadless of marriage - in our a case a religiousless civil one) AS LONG AS the marriage was legal in the country in which it took place. I only ask this as a 'fear monkey' popped its head up when I was reading the exhaustive 'how-to-kitas' thread from KaBIm on another forum ....

"the sponsor will have to submit: - Akte Perwakinan asli (kristen, Hindhu, Buddhist)"

This worried me somewhat, but im sure as long as we provided a legalised Indonesia recognized marriage document, along with our original non-religious UK documents, this will be ok.

8)

 

[KaBIm]

Indonesia will legalize any marriage (regadless of marriage - in our a case a religiousless civil one) AS LONG AS the marriage was legal in the country in which it took place.

It is a bit more complex than this.
Indonesia will recognise an oversea marriage if:
1. it is valid under the applicable law of the country it took place.
2. for indonesian citizen it does not violate provisions of the marriage act of the RI (UU1/1974).

Being a civil religiousless marriage, your marriage will be recognised by the state of Indonesia, as long as it does not mention that it is an interfaith marriage (see point no.2).
Anyway, civil marriage certificate issued by most european nations does not mention religion.

Source:
Pasal 56 UU 1/1974
(1)Perkawinan yang dilangsungkan di luar Indonesia antara dua orang warganegara Indonesia atau seorang warganegara Indonesia dengan warganegara Asing adalah sah bilamana dilakukan menurut, hukum yang berlaku di negara di mana perkawinan itu dilangsungkan dan, bagi warganegara Indonesia tidak melanggar ketentuan-ketentuan Undang-undang ini