By Timur Abimanyu, SH.MH

Definition of Marriage Mixed AndWeddings Abroad

Laws and regulations governing the marriage performed by two different people in the Indonesian citizens and one Indonesian berwarganegaraan it is Law No. 1 of 1974 on Marriage (Marriage Act) together with its implementing regulations are PP. 9 Year 1975 on Implementation of the Marriage Act. To this marriage Marriage Act referred to it as a mixed marriage. Under the Marriage Law, marriage is valid when performed according to the laws of each religion and belief both families of article 2, paragraph (1) and shall be recorded according to statutory regulations that apply article 2, paragraph (1). Registration of marriages of those who establish a marriage according to Islamic religion, conducted by the Civil Registrar of Marriage from the Office of Religious Affairs (KUA).

H. Tata Taofiqurrohman in his paper entitled "The confirmation of Marriage Marriage Relationship to the Bulk", if there are people doing with qualified marriage and harmonious marriage, but not in front / under the supervision of Civil Registrar of Marriages, then in this case there are 2 (two) things to completed:1. That person has violated the provisions of Article 1 paragraph (1) of Act No. 22 of

1946, article 10 paragraph (3) Government Regulation No. 9 of 1975, ie before the marriage was not authorized Civil Marriage Registrar;

2. Violate the provisions of article 2, paragraph (2) of Act No. 1 of 1974, namely marriage without a note / no marriage certificate;

Regarding the first violation is based upon Article 3 paragraph (1) of Law No. 22 of 1946 and article 45 paragraph (1) letter a Government Regulation No. 9 of 1975 are liable to a breach in the form of a maximum penalty of Rp. 7,500, after a second violation resolved. Violations of both the parties concerned can apply for confirmation of Marriage to a religious court, the request that the marriage was declared invalid and ordered to VAT / KUA local district records this marriage and give quotes based on the decision of the Court of Marriage Certificate Religious Article 3 paragraph (5) Lawno. 22 of 1946, Article 7 (KHI).Application for confirmation of marriage will be granted if the judges are qualified harmonious marriage of wedlock under Islamic law is the guardian of the women, there was consent granted, dowry, and witnessed two men baliq and sensible. If the pillars of marriage are not met, then the court will reject an application for confirmation of marriage. Based on the Compilation of Islamic Law,

a marriage bond can be broken by death, divorce, or court ruling. With reference to Article 56 paragraph (1) of Law no. 1 of 1974 on Marriage, the article states that the marriage which took place outside of Indonesia is valid if it meets the requirements:- Marriages performed according to the laws of the country where the marriage took

place;- For the citizens did not violate the provisions of the Marriage Act.

And stated that within one year after the husband and wife were returning to the territory of Indonesia, proof of their marriage must be registered to the marriage registry office where they lived, but no further explanation regarding the provisions of Article 56. To further understand this issue, then refer to the opinion of Prof.. Zulfa Djoko Basuki, international civil law expert, associate marriage outside this country with Section 16 AB (Algemene Bepalingen van wetgeving), which states: to Indonesian citizens wherever he was going to be subject to Indonesian law. And for the validity of a marriage, it takes two terms, namely terms formal and material requirements, the formal requirements set out in article 18 AB, which is subject to the laws where the marriage took place '(lex loci celebrationis). If in a country where the marriage was held valid civil marriage, then marriage should be civil.

As for the requirement of material, about the marriage age limit, applicable national law (in this case Indonesia) to be filled by citizens who marry abroad.  Formal requirements in Article 56 of the Marriage Act was formulated in the phrase when done according to applicable laws of the country where the marriage took place and materiilnya requirements formulated in the phrase does not violate the provisions of the Act. Marriage Act requires that marriages performed abroad still must meet the requirements specified Marriage Act. Maybe if a marriage is formally valid in the country where the marriage took place, but not illegal under Indonesian law (article 2 of the Marriage Act). Prof. Zulfa argued that if the material terms are violated, then the marriage can be canceled and is a risk that may be faced by couples who marry abroad if it does not register by the deadline specified the Marriage Act.

The marriage can be registered under the provisions of Article 56 paragraph 2 of Law Marriage is registered at the Marriage Registration Office where they reside, with the intention of civil registration is to make the Civil Registry Office only accepts reporting of marriage with marriage that took place abroad, with the basic law of the Governor of Jakarta Decree No.15 of 1999 which also mentions if returned to Indonesia, to every marriage ... (which took place abroad) ... should be reported to the Civil Registry Office (Indonesia).

In a letter reporting Marriage is written clearly that the letter reporting Marriage Marriage is not a deed, by looking at the rules contained in the Act.23 of 2006 concerning Population Administration.This Act put the recording of demographic events such as marriage as a right and verdasarkan this Act, with marriage citizen held abroad, shall be recorded on the relevant authorities of the country concerned and reported to the Legislative Affairs.If the country is not known recording of marriages to foreigners, then the recording is representative of RI. The representative of Indonesia, the marriage was recorded in the Register Marriage Act, Marriage Act and was

published quotation. Now, if the couple had already returned to Indonesia, they must report to the implementing agencies at the residence in Indonesia no later than 30 days after arriving.

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