getting married out of indonesia

[Bert Vierstra]

Is there an age limit for inheriting.

For instance if somthing was to happen to Made, do I inherit or our son? I assume if its me I can give the property to my son?

You have to sell it to your son within a year, and then maybe lease it from him

 

[drbruce]

Thanks, Bert, I'd love to read it. I take it you'll be back here soon then.

I've heard the same story. Well, several versions and several similar stories about a few others. It's always hard to sort out what's real from what's not. And it's always interesting to try to piece a story together from multiple sources - expat and Balinese - and see what you come up with.

Mimpi, the notaris told me today the age was 17, but that's only one source.

 

[mimpimanis]

Well thats a bit of a worry. I just have to hope made lasts another 15 years at least. Maybe I can use this as a reason to try and get him to give up the 2 packets of kretek per day!

 

[KaBIm]

There was a discussion of this on another forum which ended with a quote from Indonesian law that says:Bagian Kedua Perkawinan diluar Indonesia
Pasal 56
(1). Perkawinan yang dilangsungkan diluar Indonesia antara dua orang warganegara Indonesia atau seorang warganegara Indonesia dengan warganegara Asing adalah sah bilamana dilakukan menurut hukum yang berlaku di negara dimana perkawinan itu dilangsungkan dan bagi warganegara Indonesia tidak melanggar ketentuan-ketentuan Undang-undang ini.
(2). Dalam waktu 1 (satu) tahun setelah suami isteri itu kembali diwilayah Indonesia, surat bukti perkawinan mereka harus didaftarkan di Kantor Pencatatan Perkawinan tempat tinggal mereka.

In other words, the marriage is recognized, but you need to report your marriage here within one year of returning to Indonesia if you plan on living here.

The law number 23 year 2006 (article 37) changed a little bit the things. Now, you have 30 days to report a marriage which took place outside of Indonesia. You can report it at the KBRI abroad or at the CaPil if back home. If you are not reporting it you are liable for a fine of up to 1.000.000 rupiah (article 90).
Thus, the article of the marriage law that DrBruce refers is not valid any more.

The discussion you refer in "another forum" has been completed accordingly by " afriend of mine"

 

[KaBIm]

To understand the problem posed by the ownership of land in a mix marriage couple you need to take in account a few different laws, but to make it short, the problm is here:
Law number 5 year 1960 in its article 21 says that only indonesian can own land
Law number 1 year 1974 in its article 35 says that everything buy a couple during the time of the marriage is joint property.
A prenup agreement is a good way to overcome the legal problems that could arise in case of divorce. It has to state, among other requirements, that the two future married are two separate parties. Ideally it should be done along with a last will and testament which would stipulate to whom (Indonesian citizen) the Hak Milik (property of the land) would revert in case of his/her death and that the surviving foreign husband/wife is entitled to a Hak Pakai which would become immediately in effect!
Legally, prenup agreement are recognise by Indonesian courts.
Problems could arise if there is no prenup nor will and that someone in the family contest the inheritance or the legal possession of the land.
Anyway getting married in Indonesia, or wherever in the world, has serious legal consequence. You have to seek the advice of an knowledgeable attorney. Not only a notaris who has no right or experience to argue a case in court.

 

[KaBIm]

My above statement is indeed valid for a land/property which would hold a SHM title. If this is a tanah pasini/adat... you are in for a few troubles if the indonesian owner (wife/husband) dies first...