Senin, 30 Maret 2020

Marriage Law For Different Nationality in Indonesia

(tribunnews.com)

Oleh:
Mahmud Kusuma, S.H., M.H.

Inter-racial marriage and even between citizens at this time is certainly not new, especially since the Earth is increasingly connected with each other. However, in some aspects, marriage as intended is often attracting public attention. One interesting aspect to review is the legal aspect.

Example of a Marriage Case Between Citizens


One example of a marriage between citizens that has happened is between a man in the Muntilan area, Central Java named Nur Khamid who succeeded in embracing the heart of a Caucasian woman from England named Polly Alexandria. [1] Another example is the man from Padang, Bayu Kumbara who married a British woman named Jennifer Brocklehurst. The wedding of Bayu Kumbara and Jennifer Brocklehurst was also held on 8 August 2015. The marriage process was carried out with Minang custom. Until now both of them have been blessed with a daughter named Olivia in 2016. [2]

From the two examples of marriage above, it can be seen several legal facts, the first of which is the marriage in question is a marriage of different nationality. The second difference is citizenship of the first case is between an Indonesian citizen (Nur Khamid) and a British citizen (Polly Alexandria). The same thing happened in the latter case, although with differences in the region of origin of the bride and groom in their respective countries.

The Legal Basis of Marriage for Different Nationalities in Indonesia


Law Number: 1 of 1974 concerning Marriage facilitates marriage as intended. In Part Three concerning Mixed Marriage, specifically Article 57 reads as follows:

"What is meant by mixed marriages in this Law is a marriage between two people who are in Indonesia subject to different laws, due to differences in Indonesian citizenship."

Therefore, what is meant by a different marriage between citizens in Law Number: 1 of 1974 is a mixed marriage. In other words, one of the brides who entered into a marriage within the jurisdiction of Indonesia is a foreign national other than an Indonesian citizen. As the example above, Polly Alexandria and Jennifer Brocklehurst are British citizens. For those of you expatriates who find it difficult to get married with Indonesian brides, you can contact us at e-mail: hukumindo@yahoo.com or mahmud_igorcik@yahoo.com.
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1.  "Pernikahannya Sempat Bikin Geger, Nur Khamid Kini Bongkar Kondisi Rumah Tangganya Dengan Bule Cantik Polly Alexandria yang Sekarang Tak Tinggal Serumah", Pop.grid.id., Url: https://pop.grid.id/read/301919273/pernikahannya-sempat-bikin-geger-nur-khamid-kini-bongkar-kondisi-rumah-tangganya-dengan-bule-cantik-polly-alexandria-yang-sekarang-tak-tinggal-serumah?page=all, diakses pada tanggal 29 Maret 2020.
2.   7 Pria Indonesia Ini Nikahi Wanita Bule, Intip Kisah Romantisnya”, liputan6.com, Url: https://hot.liputan6.com/read/4120634/7-pria-indonesia-ini-nikahi-wanita-bule-intip-kisah-romantisnya, diakses pada tanggal 29 Maret 2020.
3.     Undang-undang Nomor: 1 Tahun 1974 Tentang Perkawinan.

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