Mixed Marriages in Indonesia: What are Your Rights?

To ensure your wedding day will be enjoyable, we have prepared an article about mixed marriages in Indonesia, especially your rights as a person legally married to an Indonesian citizen.

Is Mixed Marriage Allowed in Indonesia?

Yes, mixed marriages are allowed in Indonesia. This refers to marriages between Indonesian citizens and foreigners.

However, there are specific legal and religious requirements that must be met. Here are some key points to consider:

• Both parties must belong to the same religion. Each religion has its specific marriage procedures.  
• Legal formalities, such as obtaining a marriage certificate from the relevant government authority, are required.
• The foreign spouse’s citizenship and residency status may affect their rights and obligations in Indonesia.

Can I Stay in Indonesia if I Marry an Indonesian?

You can generally stay in Indonesia if you marry an Indonesian citizen. This is typically achieved through a spouse visa or a permanent residency permit.

However, the specific requirements and procedures can differ based on your nationality and the duration of your intended stay.

The Procedure of Mixed Marriages in Indonesia

Mixed marriages involving Indonesian citizens and foreigners require careful attention to legal procedures. The process can vary depending on the couple’s religion and where the marriage occurs—whether in Indonesia or abroad.

For Marriage Held in Indonesia

If you’re planning to get married in Indonesia, the process varies depending on your religion:

For Muslim Couples

• Register your marriage at the Office of Religious Affairs (KUA).
• For foreigners, you’ll need your passport, KITAS (Limited Stay Permit), Non-Impediment Letter, birth certificate, biographic information, and a medical test result from a government hospital.
• For Indonesian citizens, you’ll need your KTP (ID card), Family Card (KK), N4 form (Surat Keterangan Kelurahan), Non-Impediment Letter from the nearest health center, birth certificate, and biographic information.
• Once married, the KUA will issue your Marriage Book, officially registering the marriage.

For Other Religions

• First, have a religious ceremony, then register at the Civil Registry Office.
• Indonesians will need the N4 form, photo, marriage certificate, Family Card (KK), KTP, and birth certificate.
• Foreigners will need their passport, KITAS, marriage certificate, Non-Impediment Letter, photo, and birth certificate.
• The Civil Registry Office will then issue a Marriage Certificate.

For Marriage Held Outside Indonesia

If you get married outside Indonesia, registration depends on your religion, but you’ll first need to report the marriage to the Indonesian Embassy or Representative Office.

For Muslim Couples

Within one year of your return to Indonesia, you must register your marriage at the Office of Religious Affairs (KUA). You’ll need your translated marriage certificate, a report letter from the Indonesian Representative Office (KJRI/KBRI), a photo, KTP, Family Card (KK), passport, KITAS, birth certificate, and divorce certificate (if applicable). The KUA will record the marriage in their register.

For Other Religions

Register at the Civil Registry Office within 30 days of returning to Indonesia. Documents required include the translated marriage certificate, report letter from KJRI/KBRI, birth certificate, Family Card (KK), KTP, passport, KITAS, photo, and divorce certificate (if applicable). The Civil Registry Office will issue a Marriage Registration Report (Surat Tanda Bukti Laporan Perkawinan).

Ways of Getting KITAS/ITAS for Mixed Marriages in Indonesia

When married to an Indonesian citizen, you are one of the lucky ones to apply for a permanent stay permit in Indonesia called KITAP.

The KITAP is like the ‘holy grail’ of visas in Indonesia. Everyone wants it, but only a few can obtain it. Unfortunately, getting there takes a few years and is not a hassle or toll-free road.

First, you must apply for a spouse KITAS/ITAS (a limited stay permit) after legally marrying. To get the KITAS/ITAS, you must assemble a lot of paperwork, and most papers need to be legalized and translated.

This might be costly and time-consuming, taking up to a few months. If you want to avoid going through the process on your own, you can always use the services of an agent such as InCorp.

How to Extend Your KITAS/ITAS and KITAP for Mixed Marriages in Indonesia

Luckily, the extension of the KITAS/ITAS is more accessible and less time-consuming. Then, finally, after two years of marriage, you may apply for a KITAP (you are converting your KITAS into a KITAP).

The KITAP is valid for five years, saving you the hassle and headaches of annual visa extensions. After ten years of marriage, the KITAP is valid for life, even in case of a divorce.

Work Restrictions for Spouse Visas for Mixed Marriages in Indonesia

A spouse-sponsored KITAS/ITAS does not allow you to work in Indonesia. Working under this visa is illegal, and big consequences apply, such as deportation on top of a big money fine. Places such as Jakarta and Bali are famous for punishing foreigners who violate Indonesian law and do not hold a valid work permit.

However, with a KITAP, you can work in Indonesia under certain conditions. After all, you need to provide for your family in some way.

What Jobs Can You Do with a KITAP in a Mixed Marriage in Indonesia?

If you hold a KITAP (Permanent Stay Permit) through a mixed marriage in Indonesia, you may wonder about your employment rights. KITAP holders enjoy more flexibility than other visa types, allowing them to engage in various forms of work.

Sole Entrepreneur

Those married to Indonesians can start their own business as sole entrepreneurs. This means you only own and run the business and cannot hire anyone else.

Company-Sponsored Work Permit

You can also work for a company if the company arranges the work permit (RPTKA). You are more likely to get hired since you already have obtained your permanent stay permit (KITAP).

In this situation, your spouse will remain the sponsor for your KITAP, and the company will sponsor your RPTKA.

Prenuptial Agreement and Property Rights for Mixed Marriages in Indonesia

A prenuptial agreement is a document that states who gets what in case of divorce or death. It is important for couples wanting to buy land or property.

Foreigners are not allowed to own land under any condition. If no prenup has been made, couples are subject to the same rights, meaning neither you nor your local partner can own land or property in Indonesia.

In death or divorce, the foreign spouse has one year to sell the property before the government takes it. Luckily, the rules did change for the better over the last few years.

Only a short time ago, couples had to make the Prenup before marriage. If they forgot about it in a state of bliss, they could never own land or property, which was quite a high price to pay.

These days, couples can still make the prenup agreement after their marriage, which is quite a relief.

Changing Your Nationality for Mixed Marriages in Indonesia

Those 18 years and above who are married to an Indonesian may apply to become an Indonesian citizen.

Dual nationality is prohibited, so you will relinquish your original nationality by becoming Indonesian. To obtain the Indonesian citizenship, you need to meet a few other requirements, which are:

• You have to have lived in Indonesia for five consecutive years on a KITAS/ITAS or KITAP or ten years with breaks in between
• It would be best to speak Indonesian and get certified by a recognized school of languages.
• You have never been convicted of a crime or imprisoned for one year or more.
• It would be best if you had a job or fixed-income
• It would be best if you were healthy, both mentally and physically.
• You need to pay the citizenship fee.

Summary of Mixed Marriages in Indonesia

To sum it up, the benefits of having a spouse visa are:

• You can stay in Indonesia for an extended period (KITAS/ITAS must be extended yearly and KITAP every five years).
• After ten years of marriage, your KITAP is valid for life, even in a divorce, but you need a guarantor of Indonesian nationality.
• You can get an Indonesian ID (KTP – Kartu Tanda Penduduk).
• You can get a MERP (multiple exit/re-entry permit) with a validity of 2 years.
• You can get a local driver’s license (SIM—Surat Izin Mengemudi) with a five-year validity period.
• You can open a local bank account.
• You can get a credit card and apply for loans.
• You can get a five-year local police registration card (SKLD—Surat Keterangan Lapor Diri).
• You get local prices for hotels, tourist attractions, and more.
• You are eligible to become an Indonesian citizen.
• You can start a business as a sole-entrepreneur.
• You are eligible for joint ownership of properties with your spouse.

There are plenty of benefits to mixed marriages in Indonesia, but it takes years for couples to get to enjoy the advantages.

Consult Your Mixed Marriage in Indonesia with InCorp

Navigating the complexities of mixed marriages in Indonesia can be overwhelming. Let InCorp Indonesia handle the legal and administrative aspects.

Our expert team specializes in:

• Spouse Visa: Streamline the process of obtaining a spousal visa for your foreign partner.
• Prenuptial Agreements: Protect your assets and rights with a customized prenuptial agreement.
• KITAS and KITAP: With KITAS (Temporary Stay Permit) and KITAP (Permanent Stay Permit) assistance, you can ensure your long-term residency in Indonesia.

Fill in the form below, and don’t let bureaucratic hurdles delay your happiness.