Requirements marriage need to be understood by every couple who will get married.
In Indonesia, marriage requirements are regulated, primarily, in Law Number 1 of 1974 concerning Marriage ("Marriage Law"). The Marriage Law applies simultaneously with Law Number 32 of 1954 concerning Registration of Marriage, Divorce, and Reconciliation ("Law 32/1954"), as well as with Government Regulation Number 9 of 1975 concerning the Implementation of the Marriage Law ("PP 9/1975").
Previously, marriage regulations in Indonesia referred to the Civil Code Civil Law ("KUHPer"). After the Marriage Law and its consolidating regulations came into effect, the provisions in the Civil Code regarding marriage are no longer valid.
Specifically, the Marriage Law replaces several provisions of the Civil Code regarding marriage. For example, the Civil Code only regulates marriage as a relationship law and the existence of a prohibition on polygamy. Meanwhile, the Marriage Law regulates marriage including as an emotional relationship and the option to practice polygamy.
Furthermore, the Marriage Law regulates marriage as a form of inner bond that has an impact on various aspects of life between the couple who marry. This inner bond will produce a happy and eternal family based on belief in one supreme God. As a result, in the Marriage Law, the formation of marriage involves the personal beliefs of each marriage partner.
As a note, the Marriage Law has undergone changes through Law Number 16 of 2019 ("Law 16/2019"). In this amendment, there are several articles that have a significant impact, including the article regarding marriage requirements.
Marriage Requirements in Indonesia
The first requirement can be seen in Article 1 of the Marriage Law. In this article, there are at least 2 requirements regulated. First, the marriage must established between a man and a woman. Second, the marriage is established to form a family based on the belief in one supreme God.
The principle of belief in one supreme God is clarified in Article 2. This article stipulates that marriage is performed according to the religious laws and beliefs of each partner. However, this provision raises debate regarding the potential for interfaith marriage.
The next requirement is consent. This consent has 3 separate contexts, namely consent between partners, consent of parents or guardians if the subject who is marrying is a child, and the consent of the wife if the subject who is marrying is a husband who wishes to practice polygamy.
Couples who are about to get married must also be of sufficient age. Currently, through Article 7 of Law 16/2019, sufficient age means a minimum age of 19 years. This applies to both men and women. However, if the couple is not yet of sufficient age, they can be represented by the parents or guardians of at least one party. Later, they can request a marriage dispensation for urgent reasons and with sufficient evidence.
The couple also needs to ensure that each party is not bound by another marriage, unless there are different provisions based on the religion and beliefs of each party. This is regulated in Article 10.
Another requirement is the expiration of the waiting period. This is regulated in Article 11 and applies specifically to divorced women. According to this article, if the bride is a divorced woman, she can only remarry after her waiting period has ended.
The marriage process also requires a technical requirement, namely marriage registration. Later, from the marriage registration, the couple who get married will have a marriage certificate.
To carry out the registration, the couple who get married must contact the authorized official. If the marriage is carried out according to Islamic religious law, the registration is addressed to the Marriage Registrar from the Office of Religious Affairs. If the marriage is carried out according to religious law other than Islam, the registration is addressed to the Marriage Registrar from the Civil Registry Office.
After that, the couple who get married will have a marriage certificate. The marriage certificate is valid proof that shows the marital status of the couple. The couple will be asked to sign the marriage certificate and they will get an excerpt of the marriage certificate.
Besides being valid proof, the marriage certificate actually functions as an effort to prevent illegal marriages. In the process of procuring a marriage certificate, the authorized official will check whether the marriage carried out by the related party has fulfilled the regulated requirements. If it does not meet the requirements, the marriage cannot be registered and the marriage certificate cannot be issued.
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