Editorial: Oct. 14, 2009 — Judge Clay D. Land's Delirium

“Now being a person of integrity
means that you worry about dotting i’s and crossing t’s,
while the Federal government is overthrown
and the national treasure is ransacked by thieves.”
(How the Wise have become Foolish)

by John Charlton

There is no more blinding anger than that which rises in the mind of the self-righteous. How many disputes, vendetta’s, civil strifes, wars, and other mayhem have arisen because men judged themselves just, and convinced themselves that any excess in the pursuit of their cause was justified?

They became a law unto themselves, in the worship of their own presumption, and thus were struck blind by the delirium of their own arrogant pride.

Such is the sickness-in-spirit afflicting Judge Clay D. Land, of the Federal Bench, in Columbus Georgia.

It’s a diagnosis all too evident from the medical chart that hangs upon his bench this morning: that is the Sanction Order he issued yesterday against Attorney Orly Taitz for $20,000.

If you recall, Judge Land had threatened Taitz with only a $10,000 sanction; but this is an unimportant detail for a man who finds satisfaction in persecuting those whom he considers a priori to be detestable.

Like countless generations of bigots who have gone before him, their pleasure is in madness, their consideration in malice, and their covetousness is for vendetta.

And that madness, malice and covetousness must be great to want to write 43 pages to justify oneself.

Judge Land evidently ascribes to the following dictum, which was enunciated in the philosophical sketch, entitled: How the Wise have become Foolish:

“Now being a person of integrity
means that you worry about dotting i’s and crossing t’s,
while the Federal government is overthrown
and the national treasure is ransacked by thieves.”

The madness of Land is most evident when he says that the Courts cannot intervene in Military Affairs when there is a question of the usurpation of the entire chain of command, by the entry into the office of President and Commander-in-Chief of an ineligible candidate.  He advances this conclusion— miraculous for its self-contradiction — on p. 22 of his Sanctions Order:

Counsel here makes no coherent argument connecting the Constitution’s presidential citizenship requirement to a violation of her client’s individual constitutional rights. Counsel here points to no legal authority—in the Constitution or elsewhere—that could be extended or expanded to create an exception to the well-established doctrine of abstention, which disfavors judicial interference in the internal affairs of the military.

Evidently Judge Land does not comprehend; or rather refuses to admit, that the nature of a military chain of command is a moral and legal bond whereby the subject is obliged to obey the Commander-in-Chief; and that if there is no commander-in-chief, and the top brass give allegiance to an imposter, pretender or usurper; the entire chain of command becomes an unconstitutional bond.  And that is what Attorney Taitz argued in her pleadings in the case.

What Land is involved in is specious argumentation:  the Argument of Taitz could not be more coherent; since “coherent” means “to cleave to or bind fast”; and the chain of command, thus subborned by a usurper, now causes the plaintiff to cleave in subjection to an imposter. By ignoring this, Land shows himself to be the worst kind of positivist:  for him reality does not exist, unless he finds it written into some law.

Second, the usurpation of the Presidency is not an internal affair of the military; since the President is formally a civilian. Third, there is no lawful chain of command when that chain is subjected to an unlawful president.  So in each case Land’s argument crumbles with simply, dispassionate logic.

Land’s denial of the factual evidence in the case, was quite indicative of his prejudice earlier; now his out right denial of the legal facts and nature of military service, makes malice rather than prejudice the charge; since no Federal Judge has an excuse to act in this manner.

But Land is evidently unwilling to admit the legal and evidentiary facts of the case Rhodes vs. Mac Donald because it convicts himself, who has so evidently aligned his identity and social status to the ruling status quo that he feels quite justified in persecuting those whom he considers are its enemies, as if a boisterous and violent bigotry merited membership into such a society.  But seeing that such a society is that of thieves, liars, frauds and tyrants; perhaps on that score Judge Clay D. Land is correct.

One thing is for sure, Land is a Tory, an adherent of a British Tyrant, who imitates his master and tramples upon the U.S. Constitution, spitting invective, as he does, so boorishly into the face of Liberty, a liberty which he so evidently detests as much as he detests right reason and justice.

Let the interested reader take note that Dr. Orly Taitz had already filed a motion seeking the recusal of Judge Land, in which she detailed the reasons she considered evident for the Judge to voluntarily recuse himself; and invitation which obviously he did not heed.

17 Responses to "Editorial: Oct. 14, 2009 — Judge Clay D. Land's Delirium"

  1. tiger zhou   Saturday, October 31, 2009 at 9:15 PM

    to seek the complete things about this matter of either potus had indonesian citizenship and the effect on US law regarding dual nationality, come to this site http://marriageinindonesia.blogspot.com/2009/10
    Read all and copy paste. Spread this like wild fire guys.

  2. manuziggy   Saturday, October 24, 2009 at 7:54 PM

    last but not the least if you wanted to know why he is so keen on public option on health care, took the Indonesian constitution and look at the article 33 to 34. That shall explain everything. You could obtain that law on this 2 sites. Get it ASAP:
    http://www.us-asean.org/Indonesia/constitution.htm before amendment
    http://www.austlii.edu.au/au/journals/MULR/1999/21.html after amendment. Remember Indonesian law had ius sanguinis and ius solis and also non retroactive principle. Good luck good hunt.

  3. manuziggy   Saturday, October 24, 2009 at 7:51 PM

    After you translate that law look at article 57 to 66. and about the child either adopted, step child or biological child look them especially on article 47 to 48. But basically look at all of them but put the emphasize on the article of that law that I had mentioned. And seek the Indonesian civil law; kuh perdata in Indonesian language on article 5a, 6-10 and 261-265. If Lolo Soetoro even after the divorced is still recognizes him as his step son then the case is close.

  4. manuziggy   Saturday, October 24, 2009 at 7:46 PM

    Here’s the Indonesian marriage law applied during the divorce of his mother with his step dad. If you could seek a translator a good one to translate this in Indonesia. My hint look to Indonesian lawyer said that you love to married one of them but you wanted to understand of their marriage law first. Asked them to be kind enough to translate that. Then check again with complete english to indonesian dictionary. Heres the original law below.

    Bentuk: UNDANG-UNDANG (UU)

    Oleh: PRESIDEN REPUBLIK INDONESIA

    Nomor: 1 TAHUN 1974 (1/1974)

    Tanggal: 2 JANUARI 1974 (JAKARTA)

    Sumber: LN 1974/1; TLN NO. 3019

    Tentang: PERKAWINAN

    Indeks: PERDATA. Perkawinan.

    DENGAN RAHMAT TUHAN YANG MAHAESA

    Presiden Republik Indonesia,

    Menimbang :

    bahwa sesuai dengan falsafah Pancasila serta cita-cita untuk pembinaan hukum nasional, perlu adanya Undang-undang tentang Perkawinan yang berlaku bagi semua warga negara.

    Mengingat :

    1. Pasal 5 ayat (1), Pasal 20 ayat (1), Pasal 27 ayat (1) dan Pasal 29 Undang-Undang Dasar 1945;

    2. Ketetapan Majelis Permusyawaratan Rakyat Nomor IV/MPR/1973.

    Dengan persetujuan Dewan Perwakilan Rakyat Republik Indonesia.

    MEMUTUSKAN :

    Menetapkan:

    UNDANG-UNDANG TENTANG PERKAWINAN.

    BAB I

    DASAR PERKAWINAN

    Pasal 1

    Perkawinan ialah ikatan lahir bathin antara seorang pria dengan seorang wanita sebagai suami isteri dengan tujuan membentuk keluarga (rumah tangga) yang bahagia dan kekal berdasarkan Ketuhanan Yang Mahaesa.

    Pasal 2

    (1). Perkawinan adalah sah, apabila dilakukan menurut hukum masing-masing agamanya dan kepercayaannya itu.

    (2). Tiap-tiap perkawinan dicatat menurut peraturan perundang-undangan yang berlaku.

    Pasal 3

    (1). Pada azasnya dalam suatu perkawinan seorang pria hanya boleh mempunyai seorang isteri. Seorang wanita hanya boleh mempunyai seorang suami.

    (2). Pengadilan, dapat memberi izin kepada seorang suami untuk beristeri lebih dari seorang apabila dikehendaki oleh fihak-fihak yang bersangkutan.

    Pasal 4

    (1). Dalam hal seorang suami akan beristeri lebih dari seorang, sebagaimana tersebut dalam Pasal 3 ayat (2) Undang-undang ini, maka ia wajib mengajukan permohonan kepada Pengadilan di daerah tempat tinggalnya.

    (2). Pengadilan dimaksud data ayat (1) pasal ini hanya memberikan izin kepada seorang suami yang akan beristeri lebih dari seorang apabila:

    a. isteri tidak dapat menjalankan kewajibannya sebagai isteri;

    b. isteri mendapat cacat badan atau penyakit yang tidak dapat disembuhkan;

    c. isteri tidak dapat melahirkan keturunan.

    Pasal 5

    (1). Untuk dapat mengajukan permohonan kepada Pengadilan, sebagaimana dimaksud dalam Pasal 4 ayat (1) Undang-undang ini, harus dipenuhi syarat-syarat sebagai berikut:

    a. adanya persetujuan dari isteri/isteri-isteri;

    b. adanya kepastian bahwa suami mampu menjamin keperluan-keperluan hidup isteri-isteri dan anak-anak mereka;

    c. adanya jaminan bahwa suami akan berlaku adil terhadap isteri-isteri dan anak-anak mereka.

    (2). Persetujuan yang dimaksud pada ayat (1) huruf a pasal ini tidak diperlukan bagi seorang suami apabila isteri/isteri-isterinya tidak mungkin dimintai persetujuannya dan tidak dapat menjadi pihak dalam perjanjian, atau apabila tidak ada kabar dari isterinya selama sekurang-kurangnya 2 (dua) tahun, atau karena sebab-sebab lainnya yang perlu mendapat penilaian dari Hakim Pengadilan.

    BAB II

    SYARAT-SYARAT PERKAWINAN

    Pasal 6

    (1). Perkawinan harus didasarkan atas persetujuan kedua calon mempelai.

    (2). Untuk melangsungkan perkawinan seorang yang belum mencapai umur 21 (duapuluh satu) tahun harus mendapat izin kedua orang tua.

    (3). Dalam hal salah seorang dari kedua orang tua telah meninggal dunia atau dalam keadaan tidak mampu menyatakan kehendaknya, maka izin dimaksud ayat (2) pasal ini cukup diperoleh dari orang tua yang masih hidup atau dari orang tua yang mampu menyatakan kehendaknya.

    (4). Dalam hal kedua orang tua telah meninggal dunia atau dalam keadaan tidak mampu untuk menyatakan kehendaknya, maka izin diperoleh dari wali, orang yang memelihara atau keluarga yang mempunyai hubungan darah dalam garis keturunan lurus keatas selama mereka masih hidup dan dalam keadaan dapat menyatakan kehendaknya.

    (5). Dalam hal ada perbedaan pendapat antara orang-orang yang disebut dalam ayat (2), (3) dan (4) pasal ini, atau salah seorang atau lebih diantara mereka tidak menyatakan pendapatnya, maka Pengadilan dalam daerah hukum tempat tinggal orang yang akan melangsungkan perkawinan atas permintaan orang tersebut dapat memberikan izin setelah lebih dahulu mendengar orang-orang tersebut dalam ayat (2), (3) dan (4) pasal ini.

    (6). Ketentuan tersebut ayat (1) sampai dengan ayat (5) pasal ini berlaku sepanjang hukum masing-masing agamanya dan kepercayaannya itu dari yang bersangkutan tidak menentukan lain.

    Pasal 7

    (1). Perkawinan hanya diizinkan jika pihak pria sudah mencapai umur 19 (sembilan belas) tahun dan pihak wanita sudah mencapai umur 16 (enam belas) tahun.

    (2). Dalam hal penyimpangan terhadap ayat (1) pasal ini dapat meminta dispensasi kepada Pengadilan atau Pejabat lain yang ditunjuk oleh kedua orang tua pihak pria maupun pihak wanita.

    (3). Ketentuan-ketentuan mengenai keadaan salah seorang atau kedua orang tua tersebut dalam Pasal 6 ayat (3) dan (4) Undang-undang ini, berlaku juga dalam hal permintaan dispensasi tersebut ayat (2) pasal ini dengan tidak mengurangi yang dimaksud dalam Pasal 6 ayat (6).

    Pasal 8

    Perkawinan dilarang antara dua orang yang:

    a. berhubungan darah dalam garis keturunan lurus kebawah ataupun keatas;

    b. berhubungan darah dalam garis keturunan menyamping yaitu antara saudara, antara seorang dengan saudara orang tua dan antara seorang dengan saudara neneknya;

    c. berhubungan semenda, yaitu mertua, anak tiri menantu dan ibu/bapak tiri;

    d. berhubungan susuan, yaitu orang tua susuan, anak susuan, saudara susuan dan bibi/paman susuan;

    e. berhubungan saudara dengan isteri atau sebagai bibi atau kemenakan dari isteri, dalam hal seorang suami beristeri lebih dari seorang;

    f. mempunyai hubungan yang oleh agamanya atau peraturan lain yang berlaku, dilarang kawin.

    Pasal 9

    Seorang yang masih terikat tali perkawinan dengan orang lain tidak dapat kawin lagi, kecuali dalam hal yang tersebut pada Pasal 3 ayat (2) dan Pasal 4 Undang-undang ini.

    Pasal 10

    Apabila suami dan isteri yang telah cerai kawin lagi satu dengan yang lain dan bercerai lagi untuk kedua kalinya, maka diantara mereka tidak boleh dilangsungkan perkawinan lagi, sepanjang hukum masing-masing agamanya dan kepercayaannya itu dari yang bersangkutan tidak menentukan lain.

    Pasal 11

    (1). Bagi seorang wanita yang putus perkawinannya berlaku jangka waktu tunggu.

    (2). Tenggang waktu jangka waktu tunggu tersebut ayat (1) akan diatur dalam Peraturan Pemerintah lebih lanjut.

    Pasal 12

    Tata-cara pelaksanaan perkawinan diatur dalam peraturan perundang-undangan tersendiri.

    BAB III

    PENCEGAHAN PERKAWINAN

    Pasal l3

    Perkawinan dapat dicegah, apabila ada pihak yang tidak memenuhi syarat-syarat untuk melangsungkan perkawinan.

    Pasal 14

    (1). Yang dapat mencegah perkawinan ialah para keluarga dalam garis keturunan lurus keatas dan kebawah, saudara, wali nikah, wali, pengampu dari salah seorang calon mempelai dan pihak-pihak yang berkepentingan.

    (2). Mereka yang tersebut pada ayat (1) pasal ini berhak juga mencegah berlangsungnya perkawinan apabila salah seorang dari calon mempelai berada di bawah pengampuan, sehingga dengan perkawinan tersebut nyata-nyata mengakibatkan kesengsaraan bagi calon mempelai yang lainnya, yang mempunyai hubungan dengan orang-orang seperti tersebut dalam ayat (1) pasal ini.

    Pasal 15

    Barang siapa karena perkawinan dirinya masih terikat dengan salah satu dari kedua belah pihak dan atas dasar masih adanya perkawinan, dapat mencegah perkawinan yang baru, dengan tidak mengurangi ketentuan Pasal 3 ayat (2) dan Pasal 4 Undang-undang ini.

    Pasal 16

    (1). Pejabat yang ditunjuk berkewajiban mencegah berlangsungnya perkawinan apabila ketentuan-ketentuan dalam Pasal 7 ayat (1), Pasal 8, Pasal 9, Pasal 10 dan Pasal 12 Undang-undang ini tidak dipenuhi.

    (2). Mengenai Pejabat yang ditunjuk sebagaimana tersebut pada ayat (1) pasal ini diatur lebih lanjut dalam peraturan perundang-undangan.

    Pasal 17

    (1). Pencegahan perkawinan diajukan kepada Pengadilan dalam daerah hukum dimana perkawinan akan dilangsungkan dengan memberitahukan juga kepada pegawai pencatat perkawinan.

    (2). Kepada calon-calon mempelai diberi tahukan mengenai permohonan pencegahan perkawinan dimaksud dalam ayat (1) pasal ini oleh pegawai pencatat perkawinan.

    Pasal 18

    Pencegahan perkawinan dapat dicabut dengan putusan Pengadilan atau dengan menarik kembali permohonan pencegahan pada Pengadilan oleh yang mencegah.

    Pasal 19

    Perkawinan tidak dapat dilangsungkan apabila pencegahan belum dicabut.

    Pasal 20

    Pegawai pencatat perkawinan tidak diperbolehkan melangsungkan atau membantu melangsungkan perkawinan bila ia mengetahui adanya pelanggaran dari ketentuan dalam Pasal 7 ayat (1), Pasal 8, Pasal 9, Pasal 10 dan Pasal 12 Undang-undang ini meskipun tidak ada pencegahan perkawinan.

    Pasal 21

    (1). Jika pegawai pencatat perkawinan berpendapat bahwa terhadap perkawinan tersebut ada larangan menurut Undang-undang ini, maka ia akan menolak melangsungkan perkawinan.

    (2). Didalam hal penolakan, maka permintaan salah satu pihak yang ingin melangsungkan perkawinan. oleh pegawai pencatat perkawinan akan diberikan suatu keterangan tertulis dari penolakan tersebut disertai dengan alasan-alasan penolakannya.

    (3). Para pihak yang perkawinannya ditolak berhak mengajukan permohonan kepada pengadilan didalam wilayah mana pegawai pencatat perkawinan yang mengadakan penolakan berkedudukan untuk memberikan keputusan, dengan menyerahkan surat keterangan penolakan tersebut diatas.

    (4). Pengadilan akan memeriksa perkaranya dengan acara singkat dan akan memberikan ketetapan, apakah ia akan menguatkan penolakan tersebut ataukah memerintahkan, agar supaya perkawinan dilangsungkan.

    (5). Ketetapan ini hilang kekuatannya, jika rintangan-rintangan yang mengakibatkan penolakan tersebut hilang dan para pihak yang ingin kawin dapat mengulangi pemberitahuan tentang maksud mereka.

    BAB IV

    BATALNYA PERKAWINAN

    Pasal 22

    Perkawinan dapat dibatalkan, apabila para pihak tidak memenuhi syarat-syarat untuk melangsungkan perkawinan.

    Pasal 23

    Yang dapat mengajukan pembatalan perkawinan yaitu :

    a. Para keluarga dalam garis keturunan lurus keatas dari suami atau isteri;

    b. Suami atau isteri;

    c. Pejabat yang berwenang hanya selama perkawinan belum diputuskan;

    d. Pejabat yang ditunjuk tersebut ayat (2) Pasal 16 Undang-undang ini dan setiap orang yang mempunyai kepentingan hukum secara langsung terhadap perkawinan tersebut, tetapi hanya setelah perkawinan itu putus.

    Pasal 24

    Barang siapa karena perkawinan masih terikat dirinya dengan salah satu dari kedua belah pihak dan atas dasar masih adanya perkawinan dapat mengajukan pembatalan perkawinan yang baru, dengan tidak mengurangi ketentuan Pasal 3 ayat (2) dan Pasal 4 Undang-undang ini.

    Pasal 25

    Permohonan pembatalan perkawinan diajukan kepada Pengadilan dalam daerah hukum dimana perkawinan dilangsungkan atau ditempat tinggal kedua suami isteri, suami atau isteri.

    Pasal 26

    (1). Perkawinan yang dilangsungkan dimuka pegawai pencatat perkawinan yang tidak berwenang, wali-nikah yang tidak sah atau yang dilangsungkan tanpa dihadiri oleh 2 (dua) orang saksi dapat dimintakan pembatalannya oleh para keluarga dalam garis keturunan lurus keatas dari suami atau isteri, jaksa dan suami atau isteri.

    (2). Hak untuk membatalkan oleh suami atau isteri berdasarkan alasan dalam ayat (1) pasal ini gugur apabila mereka telah hidup bersama sebagai suami isteri dan dapat memperlihatkan akte perkawinan yang dibuat pegawai pencatat perkawinan yang tidak berwenang dan perkawinan harus diperbaharui supaya sah.

    Pasal 27

    (1). Seorang suami atau isteri dapat mengajukan permohonan pembatalan perkawinan apabila perkawinan dilangsungkan dibawah ancaman yang melanggar hukum.

    (2). Seorang suami atau isteri dapat mengajukan permohonan pembatalan perkawinan apabila pada waktu berlangsungnya perkawinan terjadi salah sangka mengenai diri suami atau isteri.

    (3). Apabila ancaman telah berhenti, atau yang bersalah sangka itu menyadari keadaannya, dan dalam jangka waktu 6 (enam) bulan setelah itu masih tetap hidup sebagai suami isteri, dan tidak mempergunakan haknya untuk mengajukan permohonan pembatalan, maka haknya gugur.

    Pasal 28

    (1). Batalnya suatu perkawinan dimulai setelah keputusan Pengadilan mempunyai kekuatan hukum yang tetap dan berlaku sejak saat berlangsungnya perkawinan.

    (2). Keputusan tidak berlaku surut terhadap :

    a. Anak-anak yang dilahirkan dari perkawinan tersebut;

    b. Suami atau isteri yang bertindak dengan iktikad baik, kecuali terhadap harta bersama, bila pembatalan perkawinan didasarkan atas adanya perkawinan lain yang lebih dahulu;

    c. Orang-orang ketiga lainnya tidak termasuk dalam a dan b sepanjang mereka memperoleh hak-hak dengan iktikad baik sebelum keputusan tentang pembatalan mempunyai kekuatan hukum tetap.

    BAB V

    PERJANJIAN PERKAWINAN

    Pasal 29

    (1). Pada waktu atau sebelum perkawinan dilangsungkan, kedua pihak atas persetujuan bersama dapat mengadakan perjanjian tertulis yang disahkan oleh Pegawai pencatat perkawinan, setelah mana isinya berlaku juga terhadap pihak ketiga sepanjang pihak ketiga tersangkut.

    (2). Perjanjian tersebut tidak dapat disahkan bilamana melanggar batas-batas hukum, agama dan kesusilaan.

    (3). Perjanjian tersebut mulai berlaku sejak perkawinan dilangsungkan.

    (4). Selama perkawinan berlangsung perjanjian tersebut tidak dapat dirubah, kecuali bila dari kedua belah pihak ada persetujuan untuk merubah dan perubahan tidak merugikan pihak ketiga.

    BAB VI

    HAK DAN KEWAJIBAN SUAMI ISTERI

    Pasal 30

    Suami isteri memikul kewajiban yang luhur untuk menegakkan rumah tangga yang menjadi sendi dasar dari susunan masyarakat.

    Pasal 31

    (1). Hak dan kedudukan isteri adalah seimbang dengan hak dan kedudukan suami dalam kehidupan rumah tangga dan pergaulan hidup bersama dalam masyarakat.

    (2). Masing-masing pihak berhak untuk melakukan perbuatan hukum.

    (3). Suami adalah kepala keluarga dan isteri ibu rumah tangga.

    Pasal 32

    (1). Suami isteri harus mempunyai tempat kediaman yang tetap.

    (2). Rumah tempat kediaman yang dimaksud dalam ayat (1) pasal ini ditentukan oleh suami isteri bersama.

    Pasal 33

    Suami isteri wajib saling cinta-mencintai hormat-menghormati, setia dan memberi bantuan lahir bathin yang satu kepada yang lain.

    Pasal 34

    (1). Suami wajib melindungi isterinya dan memberikan segala sesuatu keperluan hidup berumah tangga sesuai dengan kemampuannya.

    (2). Isteri wajib mengatur urusan rumah-tangga sebaik-baiknya.

    (3). Jika suami atau isteri melalaikan kewajibannya masing-masing dapat mengajukan gugutan kepada Pengadilan.

    BAB VII

    HARTA BENDA DALAM PERKAWINAN

    Pasal 35

    (1). Harta benda yang diperoleh selama perkawinan menjadi harta bersama.

    (2). Harta bawaan dari masing-masing suami dan isteri dan harta benda yang diperoleh masing-masing sebagai hadiah atau warisan, adalah dibawah penguasaan masing-masing sepanjang para pihak tidak menentukan lain.

    Pasal 36

    (1). Mengenai harta bersama, suami atau isteri dapat bertindak atas persetujuan kedua belah pihak.

    (2). Mengenai harta bawaan masing-masing, suami dan isteri mempunyai hak sepenuhnya untuk melakukan perbuatan hukum mengenai harta bendanya.

    Pasal 37

    Bila perkawinan putus karena perceraian, harta bersama diatur menurut hukumnya masing-masing.

    BAB VIII

    PUTUSNYA PERKAWINAN SERTA AKIBATNYA

    Pasal 38

    Perkawinan dapat putus karena :

    a. kematian,

    b. perceraian dan

    c. atas keputusan Pengadilan.

    Pasal 39

    (1). Perceraian hanya dapat dilakukan didepan Sidang Pengadilan setelah Pengadilan yang bersangkutan berusaha dan tidak berhasil mendamaikan kedua belah pihak.

    (2). Untuk melakukan perceraian harus ada cukup alasan, bahwa antara suami isteri itu tidak akan dapat hidup rukun sebagai suami isteri.

    (3). Tatacara perceraian didepan sidang Pengadilan diatur dalam peraturan perundangan tersendiri.

    Pasal 40

    (1). Gugatan perceraian diajukan kepada Pengadilan.

    (2). Tatacara mengajukan gugatan tersebut pada ayat (1) pasal ini diatur dalam peraturan perundangan tersendiri.

    Pasal 41

    Akibat putusnya perkawinan karena perceraian ialah :

    a. Baik ibu atau bapak tetap berkewajiban memelihara dan mendidik anak-anaknya, semata-mata berdasarkan kepentingan anak; bilamana ada perselisihan mengenai penguasaan anak-anak, Pengadilan memberi keputusannya;

    b. Bapak yang bertanggung-jawab atas semua biaya pemeliharaan dan pendidikan yang diperlukan anak itu; bilamana bapak dalam kenyataan tidak dapat memenuhi kewajiban tersebut, Pengadilan dapat menentukan bahwa ibu ikut memikul biaya tersebut;

    c. Pengadilan dapat mewajibkan kepada bekas suami untuk memberikan biaya penghidupan dan/atau menentukan sesuatu kewajiban bagi bekas isteri.

    BAB IX

    KEDUDUKAN ANAK

    Pasal 42

    Anak yang sah adalah anak yang dilahirkan dalam atau sebagai akibat perkawinan yang sah.

    Pasal 43

    (1). Anak yang dilahirkan diluar perkawinan hanya mempunyai hubungan perdata dengan ibunya dan keluarga ibunya.

    (2). Kedudukan anak tersebut ayat (1) diatas selanjutnya akan diatur dalam Peraturan Pemerintah.

    Pasal 44

    (1). Seorang suami dapat menyangkal sahnya anak yang dilahirkan oleh isterinya, bilamana ia dapat membuktikan bahwa isterinya telah berzina dan anak itu akibat daripada perzinaan tersebut.

    (2). Pengadilan memberikan keputusan tentang sah/tidaknya anak atas permintaan pihak yang berkepentingan.

    BAB X

    HAK DAN KEWAJIBAN ANTARA ORANG TUA DAN ANAK

    Pasal 45

    (1). Kedua orang tua wajib memelihara dan mendidik anak-anak mereka sebaik-baiknya.

    (2). Kewajiban orang tua yang dimaksud dalam ayat (1) pasal ini berlaku sampai anak itu kawin atau dapat berdiri sendiri, kewajiban mana berlaku terus meskipun perkawinan antara kedua orang tua putus.

    Pasal 46

    (1). Anak wajib menghormati orang tua dan mentaati kehendak mereka yang baik.

    (2). Jika anak telah dewasa, ia wajib memelihara menurut kemampuannya, orang tua dan keluarga dalam garis lurus keatas, bila mereka itu memerlukan bantuannya.

    Pasal 47

    (1). Anak yang belum mencapai umur 18 (delapan belas) tahun atau belum pernah melangsungkan perkawinan ada dibawah kekuasaan orang tuanya selama mereka tidak dicabut dari kekuasaannya.

    (2). Orang tua mewakili anak tersebut mengenai segala perbuatan hukum didalam dan diluar Pengadilan.

    Pasal 48

    Orang tua tidak diperbolehkan memindahkan hak atau menggadaikan barang-barang tetap yang dimiliki anaknya yang belum berumur 18 (delapan betas) tahun atau belum pernah melangsungkan perkawinan, kecuali apabila kepentingan anak itu menghendakinya.

    Pasal 49

    (1). Salah seorang atau kedua orang tua dapat dicabut kekuasannya terhadap seorang anak atau lebih untuk waktu yang tertentu atas permintaan orang tua yang lain, keluarga anak dalam garis lurus keatas dan saudara kandung yang telah dewasa atau pejabat yang berwenang, dengan keputusan Pengadilan dalam hal-hal :

    a. la sangat melalaikan kewajibannya terhadap anaknya;

    b. la berkelakuan buruk sekali.

    (2). Meskipun orang tua dicabut kekuasaannya, mereka masih tetap berkewajiban untuk memberi biaya pemeliharaan kepada anak tersebut.

    BAB XI

    PERWALIAN

    Pasal 50

    (1). Anak yang belum mencapai umur 18 (delapan belas) tahun atau belum pernah melangsungkan perkawinan, yang tidak berada dibawah kekuasaan orang tua, berada dibawah kekuasaan wali.

    (2). Perwalian itu mengenai pribadi anak yang bersangkutan maupun harta bendanya.

    Pasal 51

    (1). Wali dapat ditunjuk oleh satu orang tua yang menjalankan kekuasaan orang tua, sebelum ia meninggal, dengan surat wasiat atau dengan lisan di hadapan 2 (dua) orang saksi.

    (2). Wali sedapat-dapatnya diambil dari keluarga anak tersebut atau orang lain yang sudah dewasa, berpikiran sehat, adil, jujur dan berkelakuan baik.

    (3). Wali wajib mengurus anak yang dibawah penguasaannya dan harta bendanya sebaik-baiknya, dengan menghormati agama dan kepercayaan anak itu.

    (4). Wali wajib membuat daftar harta benda anak yang berada dibawah kekuasaannya pada waktu memulai jabatannya dan mencatat semua perubahan-perubahan harta benda anak atau anak-anak itu.

    (5). Wali bertanggung-jawab tentang harta benda anak yang berada dibawah perwaliannya serta kerugian yang ditimbulkan karena kesalahan atau kelalaiannya.

    Pasal 52

    Terhadap wali berlaku juga Pasal 48 Undang-undang ini.

    Pasal 53

    (1). Wali dapat dicabut dari kekuasaannya, dalam hal-hal yang tersebut dalam Pasal 49 Undang-undang ini.

    (2). Dalam hal kekuasaan seorang wali dicabut, sebagaimana dimaksud pada ayat (1) pasal ini, oleh Pengadilan ditunjuk orang lain sebagai wali.

    Pasal 54

    Wali yang telah menyebabkan kerugian kepada harta benda anak yang dibawah kekuasaannya, atas tuntutan anak atau keluarga anak tersebut dengan Keputusan Pengadilan, yang bersangkutan dapat diwajibkan untuk mengganti kerugian tersebut.

    BAB XII

    KETENTUAN-KETENTUAN LAIN

    Bagian Pertama

    Pembuktian asal-usul anak

    Pasal 55

    (1). Asal-usul seorang anak hanya dapat dibuktikan dengan akte kelahiran yang autentik, yang dikeluarkan oleh Pejabat yang berwenang.

    (2). Bila akte kelahiran tersebut dalam ayat (1) pasal ini tidak ada, maka Pengadilan dapat mengeluarkan penetapan tentang asal-usul seorang anak setelah diadakan pemeriksaan yang teliti berdasarkan bukti-bukti yang memenuhi syarat.

    (3). Atas dasar ketentuan Pengadilan tersebut ayat (2) pasal ini, maka instansi pencatat kelahiran yang ada dalam daerah hukum Pengadilan yang bersangkutan mengeluarkan akte kelahiran bagi anak yang bersangkutan.

    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.

    Bagian Ketiga

    Perkawinan Campuran

    Pasal 57

    Yang dimaksud dengan perkawinan campuran dalam Undang-undang ini ialah perkawinan antara dua orang yang di Indonesia tunduk pada hukum yang berlainan, karena perbedaan kewarganegaraan dan salah satu pihak berkewarganegaraan Indonesia.

    Pasal 58

    Bagi orang-orang yang berlainan kewarganegaraan yang melakukan perkawinan campuran, dapat memperoleh kewarganegaraan dari suami/isterinya dan dapat pula kehilangan kewarganegaraannya, menurut cara-cara yang telah ditentukan dalam Undang-undang kewarganegaraan Republik Indonesia yang berlaku.

    Pasal 59

    (1). Kewarganegaraan yang diperoleh sebagai akibat perkawinan atau putusnya perkawinan menentukan hukum yang berlaku, baik mengenai hukum publik maupun mengenai hukum perdata.

    (2). Perkawinan campuran yang dilangsungkan di Indonesia dilakukan menurut Undang-undang Perkawinan ini.

    Pasal 60

    (1). Perkawinan campuran tidak dapat dilangsungkan sebelum terbukti bahwa syarat-syarat perkawinan yang ditentukan oleh hukum yang berlaku bagi pihak masing-masing telah dipenuhi.

    (2). Untuk membuktikan bahwa syarat-syarat tersebut dalam ayat (1) telah dipenuhi dan karena itu tidak ada rintangan untuk melangsungkan perkawinan campuran, maka oleh mereka yang menurut hukum yang berlaku bagi pihak masing-masing berwenang mencatat perkawinan, diberikan surat keterangan bahwa syarat-syarat telah dipenuhi.

    (3). Jika pejabat yang bersangkutan menolak untuk memberikan surat keterangan itu, maka atas permintaan yang berkepentingan, Pengadilan memberikan keputusan dengan tidak beracara serta tidak boleh dimintakan banding lagi tentang soal apakah penolakan pemberian surat keterangan itu beralasan atau tidak.

    (4). Jika Pengadilan memutuskan bahwa penolakan tidak beralasan, maka keputusan itu menjadi pengganti keterangan yang tersebut ayat (3).

    (5). Surat keterangan atau keputusan pengganti keterangan tidak mempunyai kekuatan lagi jika perkawinan itu tidak dilangsungkan dalam masa 6 (enam) bulan sesudah keterangan itu diberikan.

    Pasal 61

    (1). Perkawinan campuran dicatat oleh pegawai pencatat yang berwenang.

    (2). Barang siapa melangsungkan perkawinan campuran tanpa memperlihatkan lebih dahulu kepada pegawai pencatat yang berwenang surat keterangan atau keputusan pengganti keterangan yang disebut dalam Pasal 60 ayat (4) Undang-undang ini dihukum dengan hukuman kurungan selama-lamanya 1 (satu) bulan.

    (3). Pegawai pencatat perkawinan yang mencatat perkawinan sedangkan ia mengetahui bahwa keterangan atau keputusan pengganti keterangan tidak ada, dihukum dengan hukuman kurungan selama-lamanya 3 (tiga) bulan dan dihukum jabatan.

    Pasal 62

    Dalam perkawinan campuran kedudukan anak diatur sesuai dengan Pasal 59 ayat (1) Undang-undang ini.

    Bagian Keempat

    Pengadilan

    Pasal 63

    (1). Yang dimaksud dengan Pengadilan dalam Undang-undang ini ialah :

    a. Pengadilan Agama bagi mereka yang beragama Islam;

    b. Pengadilan Umum bagi lainnya.

    (2). Setiap Keputusan Pengadilan Agama dikukuhkan oleh Pengadilan Umum.

    BAB XIII

    KETENTUAN PERALIHAN

    Pasal 64

    Untuk perkawinan dan segala sesuatu yang berhubungan dengan perkawinan yang terjadi sebelum Undang-undang ini berlaku yang dijalankan menurut peraturan-peraturan lama, adalah sah.

    Pasal 65

    (1). Dalam hal seorang suami beristeri lebih dari seorang baik berdasarkan hukum lama maupun berdasarkan Pasal 3 ayat (2) Undang-undang ini maka berlakulah ketentuan-ketentuan berikut :

    a. Suami wajib memberi jaminan hidup yang sama kepada semua isteri dan anaknya;

    b. Isteri yang kedua dan seterusnya tidak mempunyai hak atas harta bersama yang telah ada sebelum perkawinan dengan isteri kedua atau berikutnya itu terjadi;

    c. Semua isteri mempunyai hak yang sama atas harta bersama yang terjadi sejak perkawinannya masing-masing.

    (2). Jika Pengadilan yang memberi izin untuk beristeri lebih dari seorang menurut Undang-undang ini tidak menentukan lain, maka berlakulah ketentuan-ketentuan ayat (1) pasal ini.

    B A B XIV

    KETENTUAN PENUTUP

    Pasal 66

    Untuk perkawinan dan segala sesuatu yang berhubungan dengan perkawinan berdasarkan atas Undang-undang ini, maka dengan berlakunya Undang-undang ini ketentuan-ketentuan yang diatur dalam Kitab Undang-undang Hukum Perdata (Burgerlijk Wetboek), Ordonansi Perkawinan Indonesia Kristen (Huwelijks Ordonantie Christen Indonesiers S.1933 No. 74), Peraturan Perkawinan Campuran (Regeling op de gemengde Huwelijken S. 1898 No. 158), dan peraturan-peraturan lain yang mengatur tentang perkawinan sejauh telah diatur dalam Undang-undang ini, dinyatakan tidak berlaku.

    Pasal 67

    (1). Undang-undang ini mulai berlaku pada tanggal diundangkannya, yang pelaksanaannya secara efektif lebih lanjut akan diatur dengan Peraturan Pemerintah.

    (2). Hal-hal dalam Undang-undang ini yang memerlukan pengaturan pelaksanaan, diatur lebih lanjut dengan Peraturan Pemerintah.

    Agar supaya setiap orang dapat mengetahuinya, memerintahkan pengundangan Undang-undang ini dengan penempatannya dalam Lembaran Negara Republik Indonesia.

    Disahkan di Jakarta

    pada tanggal 2 Januari 1974.

    PRESIDEN REPUBLIK INDONESIA,

    SOEHARTO

    JENDERAL TNI.

    Diundangkan di Jakarta

    pada tanggal 2 Januari 1974

    MENTERI/SEKRETARIS NEGARA

    REPUBLIK INDONESIA,

    SUDHARMONO, SH.

    MAYOR JENDERAL TNI.

  5. manuziggy   Saturday, October 24, 2009 at 7:42 PM

    here’s some of legal history in Indonesia
    Legal History:

    The Indonesian legal system is based on Roman-Dutch law, modified by custom and Islamic law. Sources of law are Islamic law, statutory legislation, presidential instructions, and official compilations of Islamic law.

    European explorers arrived in the region in the 16th century, and the Dutch East India Company was founded in 1602. The Dutch established a trading post on the north coast of Java, later named Jakarta. The Dutch gradually asserted political and military control beyond Java from the 18th century until most of archipelago was under Dutch rule by the start of the 20th century.

    Under Dutch rule, the Netherlands Indies� population was divided into Europeans, Natives, and Foreign Orientals. The Dutch established separate tribunals for Europeans and �Natives�. Indonesians were subject to �adat law, with the Netherlands East Indies divided into several jurisdictions based on cultural and linguistic criteria. Dutch scholars identified and classified 19 different systems of customary law in the region. In areas under direct rule, there were European courts, native courts, and general courts for all of the population. In areas under indirect rule, there were native courts applying �adat with very limited criminal jurisdiction and no jurisdiction over Europeans or foreigners. The basic principle was dominance of the received civil law system, and application of �adat for �natives� as far as it was not replaced by statute. The first legislation relating to the application of Islamic law was an 1882 Royal Decree establishing a �Priest Court� for Java and Madura, although the Decree acknowledged that most Indonesians were also subject to �adat law administered by native courts. The �Priest Court� had jurisdiction over Muslim family and inheritance law where all parties were Muslim and awqaf, and had concurrent jurisdiction with the native courts of Java and Madura. The Priest Court was composed of a President selected from the native courts� officers and three to eight qadis, all appointed by the Governor-General. Subsequent legislation by Dutch authorities was also of a largely of regulatory and administrative nature. Independence was declared two days after Japanese occupying forces withdrew in 1945. Calls for the reform of marriage laws led to various proposals from members of government, women�s groups and the National Institute for Law Reform from 1945 to 1973, but conflicting interests prevented any consensus being reached. The only statutory reform of Muslim personal status in that period was the enactment of the Muslim Marriage and Divorce Registration Law 1946 requiring registration. A new Marriage Law, the first that was applicable to all Indonesians, was eventually passed in 1974 amidst much controversy, particularly with regard to such issues as permission for divorce and polygamy. Some compromises made by the government included increasing the jurisdiction of shari�a courts and eliminating registration as a requirement for validity of marriage. The Marriage Law is applied by the regular court system for religious minorities and by shari�a courts for Muslim Indonesians.

    Following the controversy over the Marriage Law, since the mid-1980s Compilations of Islamic Law in Indonesia (Kompilasi Hukum Islam di Indonesia) authored by officials from the Ministry of Religion and Supreme Court judges have been used to clarify points on personal law and inheritance for application by shari�a courts. They are based on arguments from various schools, comparisons of application of Islamic law in different countries, decisions from religious courts, etc. The Compilations are presented as Presidential Instructions (Inpres) which have lower status that statutes in the Indonesian legal system. A 1991 Compilation of Islamic Law directed the restriction of hiba (gifts) to a maximum of one-third of the donor�s estate. While this represents a reassertion of classical interpretations, the Compilations also draw from eclectic sources, and Supreme Court judgements on appeal from the religious appellate courts diverge from classical law in many matters.

    �Schools of Fiqh: The majority of the population is Shafi�i Muslim. There are also Ahmadi minorities. The other recognised religious minorities are Roman Catholic, Protestant, Hindu and Buddhist. There are also significant minorities following tribal religions; they are not afforded any official recognition.

    �Constitutional Status of Islam(ic Law): The Constitution was promulgated in August 1945. It does not adopt any official religion, but Article 29(1) provides that “the State is based upon the belief in the One, Supreme God”, also embodied in the Pancasila. Article 29(2) guarantees freedom of religion.

    �Court System: There are four judicial branches outlined in the Basic Law on Judicial Power 1970: general, religious, military and administrative courts. General courts include District Courts of First Instance, High Courts of Appeal, and the Supreme Court (Mahkamah Agung). Religious courts (Pengadilan Agama) are established side by side with District Courts. Religious courts are organised at two levels: courts of first instance in each district and appellate courts in all provinces (approximately 300 and 25, respectively; figures as of mid-1990s) and have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. Appeals from the religious appeals court (Mahkamah Islam Tinggi) go to Supreme Court, although the supervisory jurisdiction of regular courts over religious courts ended with the passing of the Law on Religious Courts 1989. Religious courts have limited or special jurisdiction and secular courts have general jurisdiction. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on the basis of Dutch-derived civil law or local �adat. �

    �Notable Features: The minimum marriage age is 19 for males and 16 for females, with provision for marriage below the minimum age, subject to judicial discretion and parental consent. The free consent of marrying parties is a requirement for validity of marriage, unless the religious law governing the parties directs otherwise. The Marriage Law 1974 defines as legal a marriage “solemnised according to the laws of the respective religions and beliefs of each of the parties”. Parties under 21 years require parental permission to marry; this refers to the consent of both parents, the surviving parent, or the guardian. Marriage registration is obligatory; the Marriage Registrar Office of the Department of Religious Affairs is responsible for the registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages. The basis of marriage is considered monogamy, but the Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism). Polygamy is permissible with the consent of the existing wife or wives and with judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and a court inquiry into the validity of the reasons for wishing to contract a polygamous marriage (e.g., the existing wife�s physical disfigurement, infertility, incurable disease). The law specifies that both spouses are equal and both are responsible for maintaining the home and caring for children. The permanent resident and domicile is to be decided by both parties. The husband as the head of the family is required to protect the wife and provide for her according to his means and the wife�s duty is to manage the household.

    The Marriage Law provides that divorce shall be carried out only before a Court of Law, after the Court has endeavoured to reconcile the parties. A husband married under Islamic law may submit a letter notifying the religious court of his intention to divorce and giving his reasons. If the husband�s reasons accord with any of the six grounds for judicial divorce outlined in the Marriage Law and the court determines that reconciliation is not possible, the court will grant a session in order to witness the divorce. Either spouse may seek a judicial divorce (preceded by reconciliation efforts by the judge) on the following grounds: the other spouse�s adultery; alcoholism, addiction to narcotics, gambling or “any other vice that is difficult to cure”; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; constant disputes without hope of resolution; and sentencing to a prison term of five years or more. Property acquired during marriage is considered joint property, although the Marriage Law only directs that division is according to the law applicable to the parties. The court may order alimony for children or maintenance for the former wife. In terms of custody, the Marriage Law simply provides that in case of dispute over custody, the Court shall render its judgement; the father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case the Court may order the mother to share such expenses.

    Succession is governed by classical law. Some commentators have also noted that the Indonesian Supreme Court has often sought to equalise the rights of male and female inheritors.

    Notable Cases:

    �Law/Case Reporting System: There is no regular system of case reporting in Indonesia. �

    �International Conventions (with Relevant Reservations): Indonesia signed the CEDAW in 1980 and ratified it in 1984 with a declaration regarding Article 29(1).

    Indonesia signed and ratified the CRC in 1990, submitting a general reservation to the effect that Articles 1, 14, 16, 17, 21, 22 and 29 are to be applied in conformity with the Constitution of Indonesia. (The articles indicated relate to majority, children�s freedom of religion and conscience, right to privacy, and right to access to information, adoption, and the direction of children�s education.)

    �Background and Sources: Bowen, “�You May Not Give It Away�: How Social Norms Shape Islamic Law in Contemporary Indonesian Jurisprudence,” Islamic Law and Society, v. 5, no. 3 (Oct. 1998): 382-408; Hooker, A Concise Legal History of South-East Asia, Oxford, 1978; Hooker, Islamic Law in South-East Asia, Singapore, 1984; Indonesia, 2nd & 3rd Period Report to CEDAW, 12 February 1997; Katz & Katz, “The New Indonesian Marriage Law: A Mirror of Indonesia�s Political, Cultural and Legal Systems,” American Journal of Comparative Law, vol. 23 (1975): 653-681; Katz & Katz, “Legislating Social Change in a Developing Country: The New Indonesian Marriage Law Revisited,” American Journal of Comparative Law, vol. 26 (1978): 309-320; Mahmood, �Indonesia,� in Statutes of Personal Law in Islamic Countries, 2nd ed., New Delhi, 1995; Pompe, “Islamic Law in Indonesia,” Yearbook of Islamic and Middle Eastern Law, vol. 4 (1998): 180-200; Redden, �Indonesia� in Modern Legal Systems Cyclopedia, vol. 2, Buffalo, N.Y., 1990; Supriadi, “Indonesian Marriage Law,” in The International Survey of Family Law, ed. Bainham, 1995: 279-285.

    Indonesia, Republic of

    *Please note this is just a draft and all contents are still under revision.*

    Legal Table
    Legal Text

    Legal System/History

    Indonesian legal system based on Roman-Dutch law, custom and Islamic law. Most of archipelago was under Dutch rule by start of 20th century.

    Under Dutch Netherlands Indies population was divided into Europeans, Natives, and Foreign Orientals; established separate tribunals for Europeans and �Natives�. Indonesians subject to �adat law, with Netherlands East Indies divided into several jurisdictions based on cultural and linguistic criteria. Basic principle was dominance of the received civil law system, and application of �adat for �natives� as far as it was not replaced by statute. First legislation relating to application of Islamic law was 1882 Royal Decree establishing a �Priest Court� in Java and Madura, with jurisdiction over Muslim family and inheritance law where all parties were Muslim and awqaf. Independence declared two days after Japanese occupying forces withdrew in 1945. Only statutory reform of Muslim personal status law in that period was enactment of Muslim Marriage and Divorce Registration Law 1946 requiring registration. New Marriage Law applicable to all Indonesians eventually passed in 1974 amidst much controversy. Marriage Law is applied by regular court system for religious minorities and by shari�a courts for Muslim Indonesians. Compilations on Islamic law issued by Ministry of Religion and Supreme Court judges since mid-1980s to clarify points of Islamic law for application in shari�a courts.

    School(s) of Fiqh

    Shafi�i majority; Ahmadi minorities; recognised religious minorities: Roman Catholic, Protestant, Hindu, Buddhist; also followers of tribal religions (not afforded any official recognition)

    Constitutional Status of Islam(ic Law)

    Constitution promulgated in August 1945. Does not adopt any official religion, but Art. 29(1) provides that “the State is based upon the belief in the One, Supreme God”; Art. 29(2) guarantees freedom of religion.

    Court System

    Four branches of judiciary outlined in Basic Law on Judicial Power 1970: general, religious, military and administrative courts. General courts include District Courts of First Instance, High Courts of Appeal, and Supreme Court (Mahkamah Agung). Religious courts (Pengadilan Agama) established side by side with District Courts. Religious courts organised at two levels: first instance in each district and appellate courts in all provinces; have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. Appeals from religious appeals courts (Mahkamah Islam Tinggi) go to Supreme Court, although supervisory jurisdiction of regular states courts over religious courts ended with passing of Law on Religious Courts 1989. Religious courts have limited or special jurisdiction and secular courts have general jurisdiction; competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on basis of Dutch-derived civil law or local �adat.

    Relevant Legislation

    Basic Law on Judicial Power 1970 (no. 14/70)

    Marriage Law 1974 (no. 1/74)

    Marriage Law Implementing Regulation 1975 (no. 9/75)

    Law on Religious Courts 1989

    Notable Features

    Marriage Age: minimum marriage age 19 for males and 16 for females; provision for marriage below minimum age, subject to judicial discretion and parental consent

    Marriage Guardianship: free consent of marrying parties required for validity, unless religious law governing the parties directs otherwise; Marriage Law 1974 defines as legal a marriage “solemnised according to the laws of the respective religions and beliefs of each of the parties”; parties under 21 years need parental permission

    Marriage Registration: obligatory; Marriage Registrar Office of Department of Religious Affairs is responsible for registration of Muslim marriages and Civil Marriage Registrar Office of Department of Internal Affairs for all other marriages

    Polygamy: basis of marriage is considered monogamy, but Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism); permitted with consent of existing wife or wives and judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and court inquiry into validity of reasons for wishing to contract polygamous marriage (e.g., existing wife�s physical disfigurement, infertility, incurable disease)

    Obedience/Maintenance: law specifies that both spouses are equal and both are responsible for maintaining home and caring for children; obligation of permanent resident and domicile to be decided by both parties; husband as head of family required to protect wife and provide according to his means and wife�s duty is to manage household

    Talaq: Marriage Law provides that divorce shall be carried out only before Court of Law, after Court has endeavoured to reconcile the parties; husband married under Islamic law may submit letter notifying religious court of his intention to divorce and giving his reasons; if husband�s reasons accord with any of six grounds for judicial divorce outlined in Marriage Law and determines that reconciliation is not possible, court will grant session in order to witness divorce

    Judicial Divorce: either spouse may seek judicial divorce (preceded by reconciliation efforts by judge) on following grounds: other spouse�s adultery, alcoholism, addiction to narcotics, gambling or “any other vice that is difficult to cure”; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; sentencing to prison term of five years or more; and constant disputes without hope of resolution

    Post-Divorce Maintenance/Financial Arrangements: property acquired during marriage considered joint property, and Marriage Law only directs that division is according to the laws applicable to the parties; court may order alimony for children or maintenance for former wife (time periods and levels not specified)

    Child Custody and Guardianship: Marriage Law simply provides that in case of dispute over custody, Court shall render its judgement; father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case Court may order mother to share expenses

    Succession: governed by classical law influenced by directions contained in the Compilations of Islamic Law

    Notable Cases

    Law/Case Reporting System

    System of case reporting is irregular.

    International Conventions (with Relevant Reservations)

    CEDAW � signature 1980, ratification 1984 with declaration re: Art. 29(1)

    CRC � signature & ratification � 1990 with reservation to Arts. 1, 14, 16, 17, 21, 22 and 29 having to be applied in conformity with the Indonesian constitution

    Legal History:

    The Indonesian legal system is based on Roman-Dutch law, modified by custom and Islamic law. Sources of law are Islamic law, statutory legislation, presidential instructions, and official compilations of Islamic law.

    European explorers arrived in the region in the 16th century, and the Dutch East India Company was founded in 1602. The Dutch established a trading post on the north coast of Java, later named Jakarta. The Dutch gradually asserted political and military control beyond Java from the 18th century until most of archipelago was under Dutch rule by the start of the 20th century.

    Under Dutch rule, the Netherlands Indies� population was divided into Europeans, Natives, and Foreign Orientals. The Dutch established separate tribunals for Europeans and �Natives�. Indonesians were subject to �adat law, with the Netherlands East Indies divided into several jurisdictions based on cultural and linguistic criteria. Dutch scholars identified and classified 19 different systems of customary law in the region. In areas under direct rule, there were European courts, native courts, and general courts for all of the population. In areas under indirect rule, there were native courts applying �adat with very limited criminal jurisdiction and no jurisdiction over Europeans or foreigners. The basic principle was dominance of the received civil law system, and application of �adat for �natives� as far as it was not replaced by statute. The first legislation relating to the application of Islamic law was an 1882 Royal Decree establishing a �Priest Court� for Java and Madura, although the Decree acknowledged that most Indonesians were also subject to �adat law administered by native courts. The �Priest Court� had jurisdiction over Muslim family and inheritance law where all parties were Muslim and awqaf, and had concurrent jurisdiction with the native courts of Java and Madura. The Priest Court was composed of a President selected from the native courts� officers and three to eight qadis, all appointed by the Governor-General. Subsequent legislation by Dutch authorities was also of a largely of regulatory and administrative nature. Independence was declared two days after Japanese occupying forces withdrew in 1945. Calls for the reform of marriage laws led to various proposals from members of government, women�s groups and the National Institute for Law Reform from 1945 to 1973, but conflicting interests prevented any consensus being reached. The only statutory reform of Muslim personal status in that period was the enactment of the Muslim Marriage and Divorce Registration Law 1946 requiring registration. A new Marriage Law, the first that was applicable to all Indonesians, was eventually passed in 1974 amidst much controversy, particularly with regard to such issues as permission for divorce and polygamy. Some compromises made by the government included increasing the jurisdiction of shari�a courts and eliminating registration as a requirement for validity of marriage. The Marriage Law is applied by the regular court system for religious minorities and by shari�a courts for Muslim Indonesians.

    Following the controversy over the Marriage Law, since the mid-1980s Compilations of Islamic Law in Indonesia (Kompilasi Hukum Islam di Indonesia) authored by officials from the Ministry of Religion and Supreme Court judges have been used to clarify points on personal law and inheritance for application by shari�a courts. They are based on arguments from various schools, comparisons of application of Islamic law in different countries, decisions from religious courts, etc. The Compilations are presented as Presidential Instructions (Inpres) which have lower status that statutes in the Indonesian legal system. A 1991 Compilation of Islamic Law directed the restriction of hiba (gifts) to a maximum of one-third of the donor�s estate. While this represents a reassertion of classical interpretations, the Compilations also draw from eclectic sources, and Supreme Court judgements on appeal from the religious appellate courts diverge from classical law in many matters.

    �Schools of Fiqh: The majority of the population is Shafi�i Muslim. There are also Ahmadi minorities. The other recognised religious minorities are Roman Catholic, Protestant, Hindu and Buddhist. There are also significant minorities following tribal religions; they are not afforded any official recognition.

    �Constitutional Status of Islam(ic Law): The Constitution was promulgated in August 1945. It does not adopt any official religion, but Article 29(1) provides that “the State is based upon the belief in the One, Supreme God”, also embodied in the Pancasila. Article 29(2) guarantees freedom of religion.

    �Court System: There are four judicial branches outlined in the Basic Law on Judicial Power 1970: general, religious, military and administrative courts. General courts include District Courts of First Instance, High Courts of Appeal, and the Supreme Court (Mahkamah Agung). Religious courts (Pengadilan Agama) are established side by side with District Courts. Religious courts are organised at two levels: courts of first instance in each district and appellate courts in all provinces (approximately 300 and 25, respectively; figures as of mid-1990s) and have jurisdiction over civil cases between Muslim spouses on matters concerning marriage, divorce, reconciliation, and alimony. Appeals from the religious appeals court (Mahkamah Islam Tinggi) go to Supreme Court, although the supervisory jurisdiction of regular courts over religious courts ended with the passing of the Law on Religious Courts 1989. Religious courts have limited or special jurisdiction and secular courts have general jurisdiction. The competence of religious courts is not exclusive, and parties can apply to District Courts for adjudication on the basis of Dutch-derived civil law or local �adat. �

    �Notable Features: The minimum marriage age is 19 for males and 16 for females, with provision for marriage below the minimum age, subject to judicial discretion and parental consent. The free consent of marrying parties is a requirement for validity of marriage, unless the religious law governing the parties directs otherwise. The Marriage Law 1974 defines as legal a marriage “solemnised according to the laws of the respective religions and beliefs of each of the parties”. Parties under 21 years require parental permission to marry; this refers to the consent of both parents, the surviving parent, or the guardian. Marriage registration is obligatory; the Marriage Registrar Office of the Department of Religious Affairs is responsible for the registration of Muslim marriages and the Civil Marriage Registrar Office of the Department of Internal Affairs for all other marriages. The basis of marriage is considered monogamy, but the Marriage Law does not prohibit polygamy for those religions that allow it (Islam, Hinduism, Buddhism). Polygamy is permissible with the consent of the existing wife or wives and with judicial permission, by fulfilling conditions specified by law, i.e., proof of financial capacity, safeguards that husband will treat wives and children equally; and a court inquiry into the validity of the reasons for wishing to contract a polygamous marriage (e.g., the existing wife�s physical disfigurement, infertility, incurable disease). The law specifies that both spouses are equal and both are responsible for maintaining the home and caring for children. The permanent resident and domicile is to be decided by both parties. The husband as the head of the family is required to protect the wife and provide for her according to his means and the wife�s duty is to manage the household.

    The Marriage Law provides that divorce shall be carried out only before a Court of Law, after the Court has endeavoured to reconcile the parties. A husband married under Islamic law may submit a letter notifying the religious court of his intention to divorce and giving his reasons. If the husband�s reasons accord with any of the six grounds for judicial divorce outlined in the Marriage Law and the court determines that reconciliation is not possible, the court will grant a session in order to witness the divorce. Either spouse may seek a judicial divorce (preceded by reconciliation efforts by the judge) on the following grounds: the other spouse�s adultery; alcoholism, addiction to narcotics, gambling or “any other vice that is difficult to cure”; abandonment for two years without valid reason; cruelty or mistreatment endangering life; physical disfigurement or malady preventing performance of marital duties; constant disputes without hope of resolution; and sentencing to a prison term of five years or more. Property acquired during marriage is considered joint property, although the Marriage Law only directs that division is according to the law applicable to the parties. The court may order alimony for children or maintenance for the former wife. In terms of custody, the Marriage Law simply provides that in case of dispute over custody, the Court shall render its judgement; the father shall have responsibility for maintenance expenses, unless he is unable to bear such responsibility in which case the Court may order the mother to share such expenses.

    Succession is governed by classical law. Some commentators have also noted that the Indonesian Supreme Court has often sought to equalise the rights of male and female inheritors.

    Notable Cases:

    �Law/Case Reporting System: There is no regular system of case reporting in Indonesia. �

    �International Conventions (with Relevant Reservations): Indonesia signed the CEDAW in 1980 and ratified it in 1984 with a declaration regarding Article 29(1).

    Indonesia signed and ratified the CRC in 1990, submitting a general reservation to the effect that Articles 1, 14, 16, 17, 21, 22 and 29 are to be applied in conformity with the Constitution of Indonesia. (The articles indicated relate to majority, children�s freedom of religion and conscience, right to privacy, and right to access to information, adoption, and the direction of children�s education.)

    �Background and Sources: Bowen, “�You May Not Give It Away�: How Social Norms Shape Islamic Law in Contemporary Indonesian Jurisprudence,” Islamic Law and Society, v. 5, no. 3 (Oct. 1998): 382-408; Hooker, A Concise Legal History of South-East Asia, Oxford, 1978; Hooker, Islamic Law in South-East Asia, Singapore, 1984; Indonesia, 2nd & 3rd Period Report to CEDAW, 12 February 1997; Katz & Katz, “The New Indonesian Marriage Law: A Mirror of Indonesia�s Political, Cultural and Legal Systems,” American Journal of Comparative Law, vol. 23 (1975): 653-681; Katz & Katz, “Legislating Social Change in a Developing Country: The New Indonesian Marriage Law Revisited,” American Journal of Comparative Law, vol. 26 (1978): 309-320; Mahmood, �Indonesia,� in Statutes of Personal Law in Islamic Countries, 2nd ed., New Delhi, 1995; Pompe, “Islamic Law in Indonesia,” Yearbook of Islamic and Middle Eastern Law, vol. 4 (1998): 180-200; Redden, �Indonesia� in Modern Legal Systems Cyclopedia, vol. 2, Buffalo, N.Y., 1990; Supriadi, “Indonesian Marriage Law,” in The International Survey of Family Law, ed. Bainham, 1995: 279-285.

  6. manuziggy   Saturday, October 24, 2009 at 7:40 PM

    and here’s another interesting part of this one:
    The Validity of Marriage

    Practical Information for foreigners, expats and expatriates moving to Indonesia – find out about housing, schooling, transport, shopping and more to prepare you for your stay in Indonesia
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    Unlike other countries, Indonesian law has no provision for non-religious civil marriages. The validity of marriage is governed by the Marriage Law of 1974 which took affect in 2nd January 1974. The mixed-marriage couple needs to pay attention to the legal issues surrounding their union. If something unforeseen happens down the line, lack of legal requirements in your marriage will put you into an unfavorable condition. If the law doesn’t recognize your marriage, you are considered to be not marriage at all. This lack of a legal status will affect your divorce, division of marital properties, alimony, and child custody.
    Religious Marriages

    Indonesia’s 1974 Marriage Law stipulates that marriage can be legally recognized if it is performed according to the religion of the two parties. In Indonesia religion is the main issue in marriage. Marriages between different religions is not allowed in Indonesia. Both spouses must have the same religion in order to get marry legally.

    Once you have made the decision to marry in Indonesia, you must choose the type of religious ceremony that you intend to have. For Non-Moslems, you must hold a church (or temple) ceremony first, and then record the marriage with the Civil Registry Office. The couple will experience two types of ceremonies. The religious ceremony will be performed first, followed by a civil ceremony. The Civil Registry will in turn issue a Marriage Certificate, which is evidence that you are legally married. A Non-Moslem wedding which is not recorded with the Civil Registry is not considered legal. There will be two certificates presented at the end of ceremony, one from the church/temple, and one from the Civil Registry Office.

    If you have decided the marry in a Moslem ceremony, you must register your marriage at the local Office of Religious Affairs (Kantor Urusan Agama/KUA). Persons wedded in a Moslem ceremony are issued a Marriage Book and need not record their marriage with Civil Registry Office.
    Civil Weddings

    Considering that Indonesian law has no provision for non-religious civil marriages, the couple who wishes to perform a civil wedding should provide the religious marriage certificate first (i.e. Certificate of Marriage Solemnization), which means that they have completed the religious marriage in their country. Some foreign tourists who get married while on their vacation/honeymoon in Indonesia, choose this route.
    International Recognition

    Mixed-marriage couples married in Indonesia should pay attention to this issue, especially if they have married in Moslem ceremony. The Moslem Marriage Book is NOT accepted in several countries – for example, Netherlands. The immigration regulations in the Netherlands require a Certificate of Attestation from the Indonesian Civil Registry Office. This is the certificate that show that the marriage has been registered with the Indonesian Civil Registry Office in order to register at the Civil Registry Office in the Netherlands. You need to submit supporting documents such as your passports, visa, marriage books, and photographs (with groom on the right side).

    Theoretically, this is may sounds odd. The Office of Religious Affairs and the Civil Registry Office are the Indonesian government institutions that have the authority to record your marriage. But, in actual practice, you will experience numerous legal difficulties iif you are not fully aware of the legal consequences of your actions.

    If you go to the Surabaya Civil Registry Office, they will not issue a Certificate of Attestation based on the Moslem Marriage Book. They don’t even want to provide the letter of rejection either. They find Office of Religious Affairs has the same position as them, believing that they are not authorized to issue such certificate.

    According to the Regional Autonomy Law of 2004, the regulation for civil registry and population services is the sole responsible of local municipal offices. So, the Surabaya Municipal offices is fully within its authority to consider that the Religious Affairs and Civil Registry take the same legal position.

    Another matter that deserves attention is document legalization. Immigration-related documents require certifications or legalizations or authentications in order to be recognized internationally.

    The legalization rules are different for each country. Not all information is provided clearly and regulations are not the same in every country. This conflicting information is typical of government bureaucracy all over the world. As we are aware, US rules specify that your certificate(s) should be less than a year old. As for the Netherlands regulations, the certificate(s) should be less than five years old. The process is usually complicated and in many cases a lack of time or expertise can cause delays and valuable time will be lost.
    Indonesia is not a part of the Hague Convention, a group of nations joined to create a simplified method of legalizing documents for universal recognition. Therefore, you need an Embassy Legalization for your documents to be valid internationally.

    As a non-member of the Hague Convention, Indonesian documents must fulfill certain requirements before the foreign embassy can legalize your documents. Indonesian documents should first pass the procedures at the related government institutions in Indonesia, such as Notary Public certification, Civil Registry, Department of Justice, Department of Foreign Affairs, and/or Department of Religion.
    Marriage Legalization

    The mixed-couple who has decided to get marry abroad, will not be exempted from the law. The 1974’s Marriage Law stipulates that within one year after your return to Indonesia, you must report the marriage to the Civil Registry Office. You will be presented a Surat Tanda Bukti Laporan Perkawinan (STBLP). This certificate is very important and will make your marriage recognized by Indonesian law. Even if you have decided not to stay in Indonesia, this certificate is a must-have document. You never know what will happened in the future and something may cause you to move back to Indonesia. By then, complications will arise in your case due to the long interval of time. You will need to get a court decree in order for your marriage to be recorded at civil registry office. It will ensure additional hassles if you choose to deliver a baby in Indonesia in the future. You can not get the foreign birth certificate for the baby if you do not possess a STBLP. In addition to the STBLP, it is also a very important document if you would like to own property in Indonesia. The Notary Public will require an Indonesian marriage certificate, whether it’s a STBLP or a regular marriage certificate. Your overseas marriage certificate will NOT be accepted because your marriage is not recognized by Indonesian law.
    Marriages Carried-Out Before 1974

    Marriages carried out before 1974 were governed by Indonesian Civil Code. The code is based on Dutch colonial rules which divide people into classes, i.e., European, Indonesian native (pribumi), Chinese, and Far-Eastern (Arab and India).

    This law was meant to be very specific according to who you are and where you come from. It did not treat people equally. The Code saw people through race, customs, and classes. Unbelievably, many of these marriages are still valid and have not been revoked yet. and here’s another one:
    Mixed Marriages: Indonesians and Expatriates

    Practical Information for foreigners, expats and expatriates moving to Indonesia – find out about housing, schooling, transport, shopping and more to prepare you for your stay in Indonesia

    Wijaya and Company Law Firm – Jakarta

    This page is generously sponsored by Wijaya & Co Law Firm
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    Channel on the Expat Forum for mixed couples!

    Expatriate Men Married to Indonesian Women

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    Our thank to Olivier Rula for all his help with updates on this page in Sept. 2008!

    There are many married couples in Indonesia where either the wife or husband is a foreigner and the spouse is Indonesian. Indonesian government regulations do NOT treat these two circumstances in the same manner. Many of the regulations that apply to foreign wives of Indonesian men are very different than those that apply to foreign husbands of Indonesian women.

    We will attempt to touch on our understanding some of the pertinent regulations that affect the lives of people in these marriages. Be forewarned that there is GREAT leeway in the regulations. Some people find that they can wind their ways through their document needs in Indonesian officialdom with paying few bribes … but most will utilize the Indonesian spouse’s family connections, and/or facilitating payments, to lessen the trials.

    Differences in the strictness of the application of the law also depend on who you are speaking to in a government office, some officers being more accommodating than others, as well as which sub branch government office you are dealing with. To put it simply … regulations are not applied equally for all.
    Getting Married in Indonesia
    Moslem Marriage/Wedding Ceremony
    General Requirements

    * If your fiance(e) is Moslem, the ceremony should be held at the Kantor Urusan Agama (“KUA”) or the Office of Religious Affairs.
    * These offices will issue a Marriage Book (“Buku Nikah”), which is evidence that you have legally married.
    * Persons wedded in a Moslem ceremony and issued a Marriage Book need not record their marriage with the Civil Registry.

    Documents

    The following are marital requirement documents if you having Moslem Ceremony:

    1. Copy of passport;
    2. Copy of Birth Certificate;
    3. Letter of No Impediment, a sworn affidavit witnessed by a Consular Officer at the Embassy or Consulate General stating that the foreign bride/groom is legally free to marry. Your Indonesian fiance(e) must obtain a similar document from the government district office, or Kelurahan.
    4. Copy of Divorce Decree (if applicable).
    5. Passport sized pictures of you and your fiance with red or blue background.
    6. Tax receipt or proof of tax settled (for foreigner who works in Indonesia).
    7. Copy of KITAS (Temporary Residence Permit Card) or your visa, if applicable.
    8. Citizenship letter and Endorsement Letter by Police (for those who live and reside in Indonesia).

    All Documents written in foreign languages have to be translated into Indonesian by authorized translator.
    Non-Moslem Wedding Marriage/Wedding Ceremony

    An expatriate/Indonesian couple will experience two type of ceremonies. The religious part will first be performed followed by a civil ceremony. The religious part will conducted by a representative of the couple’s own religious belief (i.e., a Priest for Catholics, a Minister for Protestants, or a Celebrant for Hindu and Buddhist followers).

    There will be two certificates presented at the end of ceremony, one from the church/temple/other, and the other from the Civil Registry Office.

    General Requirements

    * If both you and your fiance(e) are Christian, Buddhist or Hindu, you must hold the church (or temple) ceremony first, then record the marriage with the Civil Registry.
    * The Civil Registry will in turn issue a Marriage Certificate which is evidence that you are legally married. A non-Moslem wedding which is not recorded by the Civil Registry is not considered legal.
    * There is normally a ten-day waiting period in order to register your marriage with the Civil Registry upon submission of all supporting documents. Recording by Civil Registry officials can sometimes be arranged directly at the religious ceremony for an additional fee.

    Required Documents for a Non-Moslem Wedding
    The following documents must be completed:

    1. Copy of passport (both partners);
    2. Copy of birth certificate (both partners);
    3. Copy of proof of legal termination of any and all previous marriage i.e. Absolute Divorce Decree (If applicable) or Death Certificate;
    4. Copy of passports of two witnesses;
    5. Six identical 4×6 cm photographs of you together with your spouse (with the groom on the right side);
    6. Letter of No Impediment stating that you are legally free to marry from Embassy in Jakarta;
    7. Indonesian Police Certificate stating that your intend to get married in Indonesia and no-crime committed before.

    Our thanks to Asep A. Wijaya of Wijaya&Co for this information http://www.wijayaco.com
    Additional details

    In accordance with Law No. 1 of 1974 concerning marriages in Indonesia Article 2 (1):

    “a marriage is legitimate if it has been performed according to the laws of the respective religious beliefs of the parties concerned. All couples who marry in Indonesia must declare a religion. Agnosticism and Atheism are not recognized. The Civil Registry Office (Kantor Catatan Sipil) can record marriages of persons of Hindu, Buddhist, Christian-Protestant and Christian-Catholic faiths. Marriage partners must have the same religion, otherwise one partner must make a written declaration of change of religion.”

    The Religious Marriage under Islam is performed by the Office of Religious Affairs (Kantor Urusan Agama) in a ceremony at a mosque, the home, a restaurant, or any other place chosen by the couple and is legal immediately after the ceremony. A Christian, Hindu or Buddhist marriage is usually performed first in a church or temple ceremony.

    Persons of non-Islamic faith are required to file with the Civil Registry Office in the Regency where they are staying first a Notice of Intention to Marry as well as a Letter of “No Impediment to Marriage” (Surat Keterangan tentang tidak adanya halangan terhadap perkawinan) obtained from their consular representatives.

    For the issue of the Letter of No Impediment to Marriage by your Consular Representative you may need to present for yourself and your fiance(e) your:

    * certificate of birth,
    * certificate of your local council stating your nationality, legal address and marital status
    * Passport(s) valid for more than 6 months for foreign citizens, or KTP (Identity card) for Indonesian citizens, and
    * Certified Divorce Decrees (absolute/final) and/or Death Certificates regarding the termination of all previous marriages.
    * Surat kesehatan (letter of good health) issued by the foreign embassy/consulate stating that the expat spouse is in good health and able to marry.

    Different countries may have different requirements, so contact the Consular Representative of your country in their Jakarta Embassy for details well before the intended date of marriage.

    For the Notice of Intention to Marry you have to submit some or all of the following documents for both partners to the Civil Registry Office. (Show the original and give them a photocopy – all documents should not be older than three months prior to the wedding):

    * Certificate of the religious marriage,
    * Passport for foreign citizens, or KTP (Identity card) for Indonesian citizens,
    * Certified birth certificate, legalized and translated into Bahasa Indonesia,
    * Certified divorce decree (absolute) or death certificates regarding the termination of all previous marriages,
    * Proof that all taxes for the foreigner were paid,
    * Certificate of the structure of your family
    * Certificate of birth for all your legal children
    * Certificate of religion
    * Certificate of your marital status
    * Four 4 x 6 cm photos, both partners side by side,
    * Foreign citizens: ‘Letter of No Impediment to Marriage’ issued by your Consular Representative,
    * For Indonesian citizens: never married: a Surat Keterangan Belum Kawin from RT, Kepala Desa or Lurah (district chief); Men aged 18-21 and women aged 16-21:
    * Parental letter of consent, signed across the meterai/tax stamp Rupiah 6,000.

    Before the marriage, you and your fiance(e) also may wish to file with the Civil Registry a prenuptial Property Agreement (Surat Pernyataan Harta) which must be signed before a local Notary Public. This contract is necessary if you wish to hold property separately during the marriage. In the absence of such a document, Indonesian marriage law assumes joint ownership of property. Two witnesses over the age of 18 are required. They must show the originals and present photocopies of their passports if they are foreign citizens or KTP (identity cards) if they are Indonesian citizens. Civil Registry employees can act as witnesses.

    The Civil Registry office has a Mandatory Waiting Period of 10 working days from the date of filing. This waiting period may be waived for tourists presenting a guest registration form (Form A). Islamic Marriage Certificates (Buku Nikah) issued by the Office of Religious Affairs (Kantor Urusan Agama) are legally valid in Indonesia and do not require registration with any other agency if you are going to live in Indonesia.

    However, if you might move somewhere else in the future, get a marriage certificate issued by the Civil Registry and an officially certified translation right away (see below). All other Marriage Certificates will be issued by the Civil Registry usually on the same or next day. A sworn English translation of the marriage certificate should be obtained for use abroad. It may be necessary for the marriage certificate or translation to be registered by your Consular Agency. Or you may choose to have the sworn translation of the marriage certificate verified or a special translation made by the Consular Agency of your home country or the Consular Agency of your country of residence might prove useful.
    Process of legalization of documents

    Legalization of all documents is done by the Ministry of Foreign Affairs (Departemen Luar Negeri), Directorate for Consular Affairs – Legalization Section, Jl. Taman Pejambon 6, Jakarta Pusat

    Then these documents have to be translated into Bahasa Indonesia by a certificate translator.

    The translations have to be validated by the Ministry of Justice (Departemen Kehakiman), Legalization Section, Jl. Rasuna Said 3, Kuningan, Jakarta Selatan and also by the Ministry of Foreign Affairs

    When you finish all the paperwork detailed above, take it to your government’s embassy in Jakarta where they can validate any necessary documents. In your home country, you can present these wide array of official documents to the local government to get a legal wedding certificate in your home country.

    After reading through the extensive bureaucracy involved for foreigners marrying Indonesians … you can see why a lot of them opt to marry overseas instead!

    Getting Married Abroad

    A foreign marriage certificate will be recognized by the Indonesian government (for the purposes of Indonesian paperwork) if you take your foreign marriage certificate to the Indonesian consular office and have an Indonesian translation of the foreign marriage certificate “consularized” by the Indonesian consular office for the area which you live. The consularization process means that the verify the validity of the document and stamp the back of the document and sign it and use an official stampl. The Consular office can usually help you to translate your marriage certificate, for a fee. If you’re not sure which consulate you should do the paperwork through, contact the Consular office of the Indonesian Embassy in your capital city, tell them which city/state/province you live in and they will tell you which consular office to go to for your paperwork.

    In a few cases (usually due to differing religions) the foreign spouse may be asked to convert or the couple must remarry, but in most cases a consularized translation of the marriage certificate is adequate. Especially in cases where the couple already have children and have been married for some time, there are fewer questions about the legality of their marriage.

    Indonesian government marriage law of 1974 stipulated that you must register your marriage with the Civil Registry (Kantor Catatan Sipil) within one year after you return to Indonesia (Marriage Law). However in December of 2006, a new a bill passed called Undang undang 23 tahun 2006 tentang Administrasi Kependudukan., in which new regulations are now in affect. The prevailing law is now the Law of Administration of the population (2006) and not the Marriage law (1974):

    Indonesian citizens who have married abroad (outside Indonesia) are obligated to register with an appropriate Indonesian government consular office (consulate or embassy) in the country where the marriage took place, in order to report this marriage officially to the Indonesian government.

    A report must also be made to the appropriate government authority in your hometown in Indonesia in order to assure that your marriage is legal under Indonesian law. If you are Muslim, you report your overseas marriage to the Kantor Urusan Agama (KUA) in Indonesia, if you are from another religion, you report to the Catatan Sipil in the hometown of the Indonesian spouse. Without reporting in this way, you are not considered married by the Indonesian government! This should be done, at the latest, 30 days after the Indonesian citizen returns to Indonesia. If you are late reporting, the fine coudl be as much as Rp 1 million++.

    The civil registry officer will check the date of your marriage and the date of your arrival to Indonesia after you have performed the marriage abroad. If the day you arrive to record your marriage exceeds the limit, then the Civil Registry Office in Jakarta may also require a court decree in order for the marriage to be recorded (Jakarta Municipal Regulation). When you register you will obtain a Tanda Bukti Laporan Perkawinan, which makes your marriage legal in Indonesia.

    The Kantor Catatan Sipil may ask you for … are you ready … a letter from the foreign spouse’s parents saying they give permission for the marriage, even after the fact! Seems strange … but this request has come up repeatedly. So, if you want to avoid hassles, get a letter from you folks or other senior family member before you start through the bureaucracy at Kantor Catatan Sipil.

    They may also ask for a certified letter from the foreign spouse’s embassy verifying that the marriage certificate is legal … which shouldn’t be any problem if it is notarized, and especially if you have had the translation consularized by the Indonesian consular officials abroad. If you have children, you can bring them with you to these meetings … more proof that you’re married! Don’t despair, often the officials are happy with just seeing a copy of your foreign marriage certificate, consularized by the Indonesian consulate and that is adequate to register you. But as with everything else – there is an exception to every rule!

    It is customary in Indonesia to throw a big reception to which everyone one of the Indonesian partner’s family members, friends and acquaintances is invited. Some couples who have married abroad may opt to have a reception in Indonesia which, in theory, demonstrates the Indonesian spouse’s family’s support of the marriage. Or, another way to go is to have a “tunangan” (engagement ceremony) in Indonesia in traditional fashion before the wedding,

    One visitor to the site wrote about his experience returning to Indonesia after marrying abroad:

    We experienced family pressure to make our marriage “syah” after returning from the US in 1997 and registering with the Catatan Sipil. My wife found a sort of kyai in her father’s village who performed a ceremony that looked a lot like the standard Muslim ceremony I’ve seen at KUA two days ago (witness/wali, prayer, etc.) but without the buku nikah. In fact, the kyai and I and anyone in attendance who cared about accuracy knew that I was “declaring respect for Islam” but not converting. This may be enough for some families.

    Prevailing law – Undang-Undang nomor 23 tahun 2006 stipulates:

    Pasal 37
    (1) Perkawinan Warga Negara Indonesia di luar wilayah Negara Kesatuan Republik Indonesia wajib dicatatkan pada instansi yang berwenang di negara setempat dan dilaporkan pada Perwakilan Republik Indonesia.
    (2) Apabila negara setempat sebagaimana dimaksud pada ayat (1) tidak menyelenggarakan pencatatan perkawinan bagi Orang Asing, pencatatan dilakukan pada Perwakilan Republik Indonesia setempat.
    (3) Perwakilan Republik Indonesia sebagaimana dimaksud pada ayat (2) mencatat peristiwa perkawinan dalam Register Akta Perkawinan dan menerbitkan Kutipan Akta Perkawinan.
    (4) Pencatatan perkawinan sebagaimana dimaksud pada ayat (1) dan ayat (2) dilaporkan oleh yang bersangkutan kepada Instansi Pelaksana di tempat tinggalnya paling lambat 30 (tiga puluh) hari sejak yang bersangkutan kernbali ke Indonesia.

    Pasal 90
    (1) Setiap Penduduk dikenai sanksi administratif berupa denda apabila melampaui batas waktu
    pelaporan Peristiwa Penting dalam hal:
    a. kelahiran sebagaimana dimaksud dalam Pasal 27 ayat (1) atau Pasal 29 ayat (4) atau Pasal 30
    ayat (6) atau Pasal 32 ayat (1) atau Pasal 33 ayat (1):
    b. perkawinan sebagaimana dimaksud dalam Pasal 34 ayat (1) atau Pasal 37 ayat (4):
    c. pembatalan perkawinan sebagaimana dimaksud dalam Pasal 39 ayat (1);
    d. perceraian sebagaimana dimaksud dalam Pasal 40 ayat (1) atau Pasal 41 ayat (4);
    e. pernbatalan perceraian sebagaimana dimaksud dalam Pasal 43 ayat (1);
    f. kematian sebagaimana dimaksud dalam Pasal 44 ayat (1) atau Pasal 45 ayat (1);
    g. pengangkatan anak sebagaimana dimaksud dalam Pasal 47 ayat (2) atau Pasal 48 ayat (4):
    h. pengakuan anak sebagaimana dimaksud dalam Pasal 49 ayat (1):
    i. pengesahan anak sebagaimana dimaksud dalam Pasal 50 ayat (1);
    j. perubahan nama sebagaimana dimaksud dalam Pasal 52 ayat (2);
    k. perubahan status kewarganegaraan di Indonesia sebagaimana dimaksud dalam Pasal 53 ayat (1); atau
    l. Peristiwa Penting lainnya sebagaimana dimaksud dalam Pasal 56 ayat(2).
    (2) Denda administratif sebagaimana dimaksud pada ayat (1) paling banyak Rp.1.000.000,00 (satu juta rupiah).
    Inter-faith marriages

    Indonesian government regulations make it difficult for people of different faiths to marry. If you want to be married in Indonesia, the official government regulation is that either the bride or groom must convert to the other’s religion. This can be done in the Kantor Urusan Agama in the Religious Affairs Ministry. While for some this is a true conversion, for others this is simply a paperwork formality to enable the couple to marry and ease documentation procedures. As with everything else – you may find yourself the exception, with no one asking anything about your faith when you go to get married or register your marriage. In many cases the man is asked (by the girl’s family or religious leaders in her community) to get circumcised. In some cases they’ll ask for visual proof, in others, they’ll take your word for it … !

    In Islam, it is forbidden for a Muslim woman to marry a man who is not Muslim – thus the pressure will build from the Indonesian fiance and her family for the expatriate non-Muslim man to convert. Conversely, a Muslim man may marry someone who is one of the “People of the Book” who share the historic religious roots of Islam – Christian and Jewish women. The understanding though is that the children of these couples must be raised Muslim. In fact, these mixed religious couples will raise their children as they see fit. We’ve seen examples of strict Muslim upbringing, strict Christian upbringing, no religious participation/attendance, and even indifference to religious upbringing.

    Some inter-faith Indonesian couples purposefully get married while they are overseas and return with the marriage a fait accompli … legal documents and all … and that is one way out of one of the Indonesian partners having to convert in order to marry.

    Mind you we are simply discussing legalities here. Once you move to Indonesia, one may find that the pressures from the Indonesian spouse’s family and friends may influence the foreign spouse’s previous decision to convert or not to convert to the Indonesian spouse’s religion. Indonesian society tends to have more of the “image of religiosity” than western societies. Even if your Indonesian fiance isn’t particularly religious, be prepared for his/her family to be so. Generally speaking Indonesians find it very difficult to go against their family’s wishes.

    There is a support group for foreign women married to Indonesian men who are considering converting to Islam, called Sisters.

    For more information, see two articles on Inter-Religious Marriage in Indonesia and Conversion to Islam: for expatriate men marrying Indonesian Muslim women.
    Registration of Indonesians Spouses Living Overseas

    Be advised that all Indonesians living overseas must register their presence with the nearest Indonesian consular office. The penalty if you do not do this within two years of your arrival is certain complications in renewal of passports, and could even entail loss of Indonesian citizenship.

    For more information on Indonesian citizenship issues.
    Expatriate Men Married to Indonesian Women
    Visa regulations for foreign husbands of Indonesian women
    Kitas:

    In the past, foreign husbands of Indonesians were treated just like other foreign men in regards to obtaining a KITAS (limited stay permit). That is, they had to have a sponsor and a work permit before the KITAS can be issued. There was no special dispensation for foreign men married to Indonesian women to automatically entitle them to limited stay status. The wife was able to sponsor her children’s KITAS – but not her husband’s.

    Now, with the passing of the Undang Undang 12 tahun 2006 tentang Kewarganegaraan, an Indonesian wife CAN sponsor a foreign husband for semi-permanent residency (KITAS – one year stay).

    One of the most basic questions we receive is “Will marriage in Indonesian woman give me permanent residence there?” Since the advent of the new marriage law, the answer is “Semi-permanent is possible … for legally married couples … those married in Indonesia who are registered at the Kantor Urusan Agama or Catatan Sipil office won’t have problems. Those married abroad have to make sure that their foreign marriage has been registered on the consular office at the KBRI, KJRI or KRI, or the Catatan Sipil office in Indonesia and that they have a Surat Tanda Bukti Perkawinan.

    If one day your husband intends to work, he will then have to get a new KITAS sponsored by the company who plans to employ him.
    Sponsorship of Visas for Expat Men by their Indonesian Wives

    Since the publication of the new citizenship law a foreigner can be sponsored for residency by his Indonesian wife. However the various regulations related to it seem not very well known by the Imigrasi around the country. In February 2007 ministerial decision no M.01-IZ.01.10 formally included foreign husbands joining their Indonesian wives as being eligible for a KITAS.

    Though one could pick up a VITAS (sponsor istri) from a KBRI abroad, having previously obtained the agreement of the DitJen Imigrasi in Jakarta, we believe that the procedure described below is somewhat easier. It allows you plenty of time (you first enter on a SosBud, which can be extended up to 6 months) to convert it to an ITAS. Having almost 6 months to do so, it leaves almost no chance to the Imigrasi to try to extort bribes from you. It also offers the advantage of not having to exit Indonesia to get it.

    Here is the procedure

    1. The foreign husband gets a Visa Kunjungan SosBud abroad and gets an Izin Kunjungan delivered for a first leg of 60 days at the port of entrance.
    2. The foreign husband goes to his local KanIm (no mandatory waiting period of 4 months), along with his Indonesian wife to apply for the conversion of his izin kunjungan to an ITAS. (Pasal 47 & Pasal 48* PP nomor 32 thn 1994)
    3. The sponsor “buys” the needed forms (IDR 10K to IDR 25K) and fills out a written demand. A “Riwayat Hidup” of the foreigner, and a bank statement showing that the couple has enough funds to live for one full year in Indonesia should be attached.
    4. In addition to the above, the sponsor should submit:
    – Akte Perwakinan asli (kristen, Hindhu, Buddhist) or Buku Nikah asli (islam) or Surat Tanda Bukti Lapor Perkawinan asli (overseas wed)
    – Wife’s KTP
    – Husband’s Passport
    5. Usually, 2 extra sets of photocopies are requested for each set of documents.
    6. Imigrasi will then issue a document to be brought to the Kantor Wilayah. It is a letter which says that after reviewing all the documents, he has no opposition for the conversion of the immigration status. Allow a couple of days to get the letter signed by the KaKanIm.
    7. After reviewing all your documents, the Kepala Bidang Keimigrasian of the Kantor Wilayah will issue a letter stating his positive opinion about the change of status of the foreign husband. This letter, along with a set of all the documents, should be brought or sent to Bpk Direktur Izin Tinggal dan Status kemigrasian in the DitJen Imigrasi situated in Jln Rasuna Said Kav 8-9 in Jakarta. Allow 1 day for the KanWil to sort out the document. There is no fee for the letter, but anything like IDR 10K to IDR 50K should help the lady to type faster. If you live far from Jakarta, you can send the documents by Tiki from the KanWil to the DitJen. That seems to work well.
    8. Upon reception of the letter of the KanWil, after reviewing all the documents the Kasubdit Alih Status Keimigrasian (Bapak Soepriatna Anwar, SH, MH), on behalf of the Direktur Izin Tinggal dan Status kemigrasian (Bpk Agastya Hari Marsono, Bc.Im.) should issue a Keputusan Direktur Jenderal Imigrasi nomor: (the number/reference of the Keputusan) tentang Alih status Izin Kunjungan menjadi Izin tinggal terbatas atas nama: (Name of the foreigner) stating that a new status can be granted to the foreigner. Allow a week to 10 days for this keputusan to be ready from the time you delivered all the documents to the DitJen. Monitor it on the phone at (021) 5224658 ext 2521. Don’t hesitate to phone 15 times a day, you need luck to have someone answer the phone!
    9. You, or any relative (holding a “Surat Kuasa Khusus” from you), should pick up the Keputusan DitJen directly from the Sub-Direktorat Alih Status Keimigrasian. Chances are that you will meet with Pak “R.S”. He is not a bad chap.
    10. In fact, the DitJen will issue 3 copies (1 for you, 1 for the KanIm, 1 for the KanWil). You need to bring it back victoriously to the KanWil which will give you a letter authorising the KanIm to start to process a KITAS.
    11. At that point, the foreign husband will have to submit a few pics and get fingerprinted (fee: IDR 15K).
    12. Then comes the time to pay the fee for the KITAS: IDR 700K for a 1 year KITAS, if your passport has a minimum of 18 months remaining validity, or IDR 350K for a 6 months KITAS, if your passport has 12 months remaining validity.
    13. If your KanIm is online with the DitJen, a small problem may occur. After delivering the Keputusan DirJen, Jakarta often “forgets” to finalise the procedure and to enter the “OK” in the system… which means that your KanIm can not process your payment! First time in your life that Imigrasi will refuse your money… enjoy the moment, it generally doesn’t happen often! If it happens, no worries, just telephone to the number given at point 8 (or fax : 021- 52962095… this one is the fax of the SubDit Alih status)
    14. The Kantor Imigrasi will then stamp an ITAS in the foreign passport and a KITAS (Kartu Izin Tinggal terbatas) will be issued.
    15. 2 to 3 days after that, a POA Book will be remitted (no fees for it).
    16. At that point, it is advisable to ask for an “Izin Masuk Kembali” to be stamped in the husband’s passport. Without it, the KITAS holder “loses” his KITAS if he goes out of Indonesia. Better then to have it, if you don’t want to do this process all over again. Do a search in the archives of the Expat Forum for the official fees attached to the Izin Masuk Kembali.
    17. You still need to process a SKLD (Surat Keterengan Lapor Diri) which is a trendy little plastic card with the husband’s pic. There is no fee for it but the Intelkam boss will try to extort something from you. IDR 50K should do it. You have to go to your main Police Resort office to get it sorted. You will also have to get a STM (Surat Tanda Melapor – no fee) stating your address. The person who gives shelter to the foreigner should be the one reporting and signing it.
    18. The foreigner has to go to his Kantor Lurah to get a Surat Keterengan Domisili stating his formal address in Indonesia and he should bring this letter to his Catatan Sipil to get a SKTT (Surat Keterangan Tempat Tinggal), a SKPPS (Surat Keterengan Pendaftaran Penduduk Sementara) and a SKDLN (Surat Keterengan Datang dari Luar Negeri). A foreigner staying on a KITAS MUST register at the Catatan Sipil for the above documents. It will help smooth our KITAP procedures later if you’ve done this required step. In fact, chances are that the CaPil compil the three documents and issue a nice greenish card attesting your residency and registration as a temporary resident for the length of the KITAS. Fees for it are defined by Peraturan Daerah and vary depending on each kota/kabupaten. It shouldn’t cost more than IDR 150K.

    Be careful to note that you have ONLY 14 days to register after the date of issuance of the KITAS (Pasal 20, undang undang 23 tahun 2006 tentang Administrasi Kependudukan). Failure to do so in time would expose you to a fine of a maximum of IDR 2.000K (Pasal 89, undang undang 23 tahun 2006 tentang Administrasi Kependudukan).
    19. Your next move will be to go to the Departemen Pajak to get a NPWP, the husband’s personal tax number.

    * amended article in 2005. It reduces to nil the “waiting period” of 4 months previously mandatory before initiating the procedure.

    Please Note the following:

    * A KITAS, as described above, sponsored by an Indonesian wife, does NOT allow any kind of work by the expat husband.
    * You will have to renew the KITAS (without the SosBud Part) at least 1 month before its termination. Annual renewal also apply for SKLD, SKTT, STM and SKPPS.
    * Any change in your residency or civil status must be reported to the Kantor Imigrasi, the Police and the Catatan Sipil during the validity of your KITAS.
    * Only legally married (ie. recognised by Indonesian law) wife/husband are authorised to follow the above described procedure.
    * If one day the KITAS holder decides to terminate voluntarily his KITAS and to exit Indonesia (eg. relocation in a foreign country), he needs to first apply for an Exit Permit Only at the Kantor Imigrasi of his residence and report to the Catatan Sipil. He also needs to give back his SKLD to the relevant section of the POLDA/MABES POLRI. Failure to do so would put him in trouble if one day he decides to come back to Indonesia.
    * Providing that all the requested documents are submitted by the sponsor in the correct timing, providing that you don’t use the services of a friend/calo and that you submit yourself all the documents in the relevant administration (KanIm, KanWil, DitJen) you should not have trouble.
    * Please, don’t let corrupted Pejabat abuse you. Don’t pay anything more than the legal fees. You will regret it bitterly and enter in a spirale that you can in no way control. If you start to pay bribes, you may void your right to complain if the things turn out wrong.
    * The total procedure should last around 1 to 2 months roughly. Note that you have 30 days “only” to get the KITAS issued after the issuance of the Keputusan DirJen.
    * Don’t forget to extend your izin kunjungan, if needed, during the procedure!

    Our thanks to Atlantis for researching and sharing this section’s information! For additional details see this thread on the Expat Forum.
    Multiple Entry Social Cultural (Sosbud) Visa: 12 Months Validity:

    With the new Citizenship Law, effective 26 June 2006, the foreign husband can also opt to get a multiple entry social-cultural (sosbud) visa which valid for 12 months under the Indonesian wife’s sponsorship. The telex approval will be send to your wife and you can bring the copy to the nominated Indonesian embassy abroad to pick-up the visa.

    She can also be the sponsor for a social visa which allows her foreign husband to stay for a maximum of 1-2 months at a time (with renewals up to 12 months). This visa, however, does NOT allow you to work.
    Supporting Documents

    Prior to obtaining the telex approval for your 12 Months Sosbud Visa, you must first submit the following supporting documents at the Indonesian embassy::

    1. Photograph size 4 x 6 cm with red background;
    2. Copy of your passport;
    3. Copy of your marriage certificate/marriage book;
    4. Copy of your Indonesian wife’s ID Card;
    5. Copy of your Indonesian wife’s Family Card (Kartu Keluarga);
    6. Sponsorship Letter signed by your wife;
    7. Copy of your bank statements;
    8. Fill-in Form Model 13 VIS K.

    At the Indonesian embassy abroad, you will be requested to fill-in Visa Application Form for Visit – Single/Several Journey(s). Choose “Several” instead of ”Single”. At the ”Purpose of Visit to Indonesia” Section, please do not conflicting between choice number “10-Social” and number ”15-Family Visit”.

    The number 15 is for family member when you have a family in Indonesia and you visit them in Indonesia with their sponsorship. The number 10 is for non-family members, such as, if you have an Indonesian girlfriend, and you want to visit her in Indonesia under her sponsorship.
    Short-term visas

    Foreign husbands of Indonesians can enter Indonesia on a tourist or social/visit visa initially, then try to find a sponsoring organization (job) after their arrival. The social/visit visa is preferable to a tourist visa since the tourist visa can not be extended past 60 days; you have to leave Indonesia and re-enter the country on a new 60-day tourist visa.

    You must obtain the Social Visit Visa from an Indonesian embassy overseas before entering Indonesia. Your wife can sponsor a Social Visit Visa, which is initially good for two months and allows four one-month extensions at about Rp 250,000 each (9/2008) in Indonesia without having to leave the country. If the Indonesian wife sponsors the social/visit visa and then the foreign spouse finds employment, he will need to leave Indonesia and go to Singapore, for example, to have the new visa (that his new employers obtains) stamped in his passport and reenter under the new sponsorship.

    One person’s advice: If the foreign husband does not work, he could transfer money from abroad to an Indonesian bank and save the receipt from the bank, in order to prove that he leaves with his own money. No Indonesian law forbids a foreigner to stay on a sosial budaya visa year long without working. The foreign husband will just have to exit Indonesia every six months (i.e. 60 days for the first leg of the sosbud visa + 4 extensions of 30 days each) and re-enter with a new visa. Immigration officer will may be try to refuse to extend the stay of the husband beyond his fourth month of stay, arguing that they don’t know how you are living. But you can overcome this problem by then asking politely to the kantor wilayah of your town of residence and showing all the receipts of the money transferred from abroad. Advice from a expat husband who has lived in Indonesia and stayed on a sosbud visa for 5 years.

    Sample Letter to request a Kunjungan SOSBUD Visa
    Sample Letter to ask for an extension to a SOSBUD Visa
    Sample Surat Permintaan dan Jaminan
    Opening a Company

    Some foreign men married to Indonesians choose another route – by starting a business which is owned by the wife, her family or friends. The business can then apply for a work permit for the foreign husband as an expert. Of course this depends on your area of expertise. For example, if you are an expert diver, your wife can open a dive shop and hire you to teach diving. If you are a chef, your wife can open a restaurant, etc.

    In some fields, such as management consulting, a foreigner can open a 100%- foreign owned company. These regulations change often, so check with a consultant or lawyer to determine whether or not these might be viable options for your situation.
    Change of citizenship for spouse

    With the advent of the new nationality laws, the foreign spouse can apply for citizenship after a 5-year period of continuous residence in Indonesia on a semi permanent resident visa with the same sponsor. If the KITAS has been discontinued, or sponsorship changed mid-stream, you need to prove 10 years of stay in Indonesia to be eligible.The obvious advantage of an Indonesian passport is that it eliminates the need for a work permit. For more information on Indonesian citizenship issues and Indonesian Nationality Act.

    After the five years you will be eligible to formulate a “demand” to become Indonesian citizen. Bear in mind that this is just a demand, not an automatic right and there are a few conditions (Pasal 9 undang undang 12 tahun 2006) such as:

    * being fluent in, or at least have good command of, Bahasa Indonesia
    * not have spent more than 1 year in jail
    * not be insane
    * be over 18 years old
    * pay the fee (this is a percentage of your declared income)
    * not hold a second citizenship. The foreign spouse will have to revoke his/her foreign citizenship.
    * have a proper job and income.

    These conditions are the same preliminary conditions for persons who would apply to become an Indonesian citizen without being married to a national. However, more conditions apply for this particular case (foreign spouse of Indonesian), so we would advise you to seek the help of a specialised attorney.

    If the Indonesian government refuses your citizenship request, you are, however, entitled to have a KITAP which is a Permanent resident permit which allows you to stay for five years straight on one visa and offers a few other privileges, but you still don’t have the right to work on a KITAP visa.
    Obtaining Dual Nationality for Indonesian/Foreign Children

    In the past, by Indonesian law, the nationality of children follows the nationality of the father. All children of foreign men were considered foreigners (WNA – warga negara asing). It made no difference where the children were born as to whether or not they have the right to Indonesian citizenship.

    With the advent of the new citizenship law (Law No. 12 of 2006) things have change dramatically! The newly-enacted citizenship law gives children of transnational marriages with Indonesian mothers the right to hold dual citizenship until they are 18 years old. At 18, they must choose whether to stay Indonesian citizens or follow their foreign fathers’ citizenship. They will be then given three more years to decide on which nationality to choose. If they are married before the age of 18, their dual citizenship will be revoked.

    Any children born after 1 August 2006 are automatically entitled to the indonesian citizenship as per law 12/2006 (undang-undang nomor 12 tahun 2006 tentang kewarganegaraan), meaning that no procedure is required. Just go to the Kantor Imigrasi and get your children a passport, showing their birth certificate (and a few other documents – they will give you the list).

    Your children will be entitled by Indoensian Law (check with your own country’s laws for the foreign citizenship rules) to have dual citizenship until the children reach the age of 18. The chilren then have three years to choose one of the two citizenship as their citizenship, meaning that the children will “release” one of them.

    You may decide not to deal with the Indonesian citizenship (though I would not advice to do it, unless if it is to allow you time to process the child’s foreign citizenship) and process a KITAS (temporary residency permit for foreigners). By birth, your children are automatically entitled to the Indonesian passport, if you decide to get it. No immigration officer can say otherwise, since this is an automatic right.

    Don’t let any corrupt officials ask you for mor emoney than that. Your child has rights and there is no way that the government officials can refuse to process their citizenship. A firm warning that you are ready to complain if anyone gives you difficulties should be enough.

    How to proceed:

    BE AWARE that you have untill August 2010 to apply for the dual citizenship. After this date, your kids rights will be void if they are born before August 1st 2006

    Outside Indonesia, contact the KBRI/KJRI of your home country. They will guide you through the process.
    July 2009 – Affidavit and Paspor RI for kids born from mixed couples

    Dealing with the citizenship of kids born from mixed couples has been for long an headache for the parents, especially when the father was a foreigner. Since 2006, a new citizenship code has been enacted, allowing these kids to have a temporary double citizenship, until they reach the age of 21. (From eighteen years old, they are given up to three years to choose to keep one and only one of the two citizenships)
    However, the situation at their birth is still unclear for many with different rumors circulating. There are indeed two different procedures/casees, depending on if the child is born before or after the implementation of the 2006 law.
    Case 1: For Children Born Before August 1st, 2006

    Children born before August, 1st 2006 are not automatically entitled to Indonesian citizenship. Their Indonesian citizenship is granted after an assessment and a procedure lasting 4 to 6 months which ends with the deliverance of a Surat Keputusan signed by the Minister of Justice and Human Rights. The procedure is initiated at the Kantor Wilayah (if the residence is in Indonesia) or at the KBRI (if the residence is outside of Indonesia). A few forms need to be filled out along with legalized copies of documents such as Akta Perkawinan of the parents, Akta Kelahiran of the kid, Kartu Keluarga…etc. The procedure has a cost (IDR 500.000) and quite a few KanWil around the country have been known to be abusive about extra charges. But one can still get the procedure done by the book.

    Beware, if your child was born before August 1st, 2006 you only have until August 1st 2010 to register and initiate the procedure. The 2006 Indonesian citizenship act gives only four years for children falling under this category to claim their right to Indonesian citizenship.
    Case 2: For Children Born After August 1st, 2006

    For them the situation is less complicated. Being born after that the law took affect, these children are automatically entitled to Indonesian citizenship. Automatically doesn’t mean that one has nothing to do, there are still some procedures. The first step is to have an akta kelahiran (birth certificate) established for the child. Then, one should go to Imigrasi (no hurry, there is no fine nor time limit) to initiate the following procedure:

    1. Ask for and complete the form named “permohonan pendaftaran untuk mendapatkan fasilitas keimigrasian“
    2. Prepare a copy and the original of the akta kelahiran of the kid
    3. Prepare a copy and the original of the akta perkawinan (or akta perceraian if it is the case) of the parents
    4. Prepare a copy and the original of the foreign passport (if he/she has one) of the kid
    5. Prepare 4 pics with a red background size 4cmx6cm
    6. Submit all of the above to your petugas Imigrasi di tempat. Don’t expect a smile or a receipt in return.

    After a couple of days an affidavit will be delivered by the KanIm. Up through May 2009, this affidavit was free, but as often happens, good things have an end. In May 2009, the government decided that our children, though automatically Indonesian had to have their first experience with Pajak. Fortunately, since they are still young, the Indonesian government officially only requests IDR 75.000 from them to have this affidavit issued.

    An affidavit, stapled onto a foreign passport is enough to authorize our kids to stay in Indonesia without requesting a permit and/or to exit the territory of Indonesia. No need to have an Indonesia passport. However, we strongly advise to apply for a paspor RI for your children, especially if you plan to travel outside of Indonesia and if you want him/her to be aware of his/her double citizenship through the official documents.

    To make a Paspor RI for your child born from a mixed marriage is a simple thing… as it can be done in Indonesia.

    1. Go to KanIm and ask for a Perdim 11 form and fill it out
    2. Both parents (though the signature of the foreign father is not really mandatory) fill out the form and sign on top of a meterai with a surat pernyataan giving authority for the issuance of a Paspor RI
    3. Prepare a copy and the original of the Akta Perkawinan of the parents
    4. Prepare a copy and the original of the Kartu Keluarga
    5. Prepare a copy and the original of the Akta Kelahiran of the child
    6. Prepare a copy and the original of the Affidavit of the child
    7. Prepare a copy and the original of the KTP of the mother
    8. Prepare a copy and the original of the passport and/or KITAS (if have) of the foreign father
    9. Submit all of these documents to the loket

    After an amount of time that can vary from a few hours (inflated fee) to a few days (legal fee – they usually tell you to come back in 3 or 5 days), your child will have his/her photo taken, along with his/her fingerprints (taking the fingerprint of a 6 month old is good fun) and you will be asked a few questions in an interview (wawancara).

    It is wise to have all the originals with you at the interview and a few extra pics of the child. Then comes the time for payment: IDR 200.000 for a paspor blanko 48 halaman (48 pages passport)+ IDR 55.000 for the payment of the biometric pics + IDR 15.000 for the fingerprinting. If you pay this and only this, your child ’s passport will be ready in four more days, not more.

    Relavant Documents: Undang-Undang 12 Tentang Kearganegaran and Tata Cara Pendaftaran Untuk memperoleh Kewarganegaraan RI
    Visa Information for Foreign Children

    Some ways to handle visas if you decide not to proceed with dual nationality: A KITAP (5 year resident visa) can be obtained for the children of a foreign father/Indonesian mother, IF … the child has already had 5 successive years as a KITAS holder. This KITAP status can be applied for with the Indonesian mother’s sponsorship.

    An Indonesian mother can sponsor a KITAS for her foreign nationality children. The visa will say “Turut Ibu Kandung” (following birth mother). You must submit a letter of financial support with the KITAS application, stating how much the foreign father is willing to give the mother and child monthly for support.

    Procedures for Registering the Birth of a Child
    Children born out of wedlock

    If an unmarried Indonesian woman has a baby with an expatriate man and wants the baby to be an Indonesian citizen, this is now possible with the advent of undang undang 12 tahun 2006, Pasal 4 huruf g, which states: “anak yang lahir di luar perkawinan yang sah dari seorang ibu Warga Negara Indonesia”. In other words, a child out of wedlock born from an Indonesian mother is granted Indonesian citizenship by the government.
    Visa implications for children

    Children born to Indonesian fathers or mothers do not need visas to enter or reside in Indonesia, if they hold Indonesian citizenship as per undang undang 12 tahun 2006.

    Be certain to discuss the legal status of your child very thoroughly with the consular officials in your home country or your embassy in Jakarta before making decisions on dual citizenship and visas … to determine if there will be any complications with prevailing laws in the home country of the foreign spouse.
    Education concerns for children

    Most international schools are now open to Indonesian and foreign nationals. Though the costs are high, the education is highly superior to the Indonesian school system. Foreign children can also attend Indonesian schools, if their parents so choose.
    Home ownership

    Since foreigners aren’t allowed to own homes in Indonesia, if the couple plans to buy a house, it will have to be solely in the name of the wife, and/or her family members. It may be impossible to borrow money from a bank to purchase a home as the bank will recognize that ownership of the husband. s half of the home will revert to the Indonesian government in the case of a default on the loan.

    There have been newspaper articles detailing announcements made by the government that foreigners may now purchase apartments. In fact, to this day, there are no regulations which clearly allow foreign ownership of apartments, though rumors abound that these regulations are forthcoming. Currently, the only way a purchase of an apartment can be arranged is if you have a contract with the developer saying that title for the apartment stays in the developer’s name until such time as the laws are changed so that the ownership of the apartment can be in the foreigner’s name. Needless to say, seriously consider whether or not you can trust the developer to honor the contract.
    Expatriate Women Married to Indonesian Men
    Visa status for foreign wives

    If the wife is the foreign spouse, the legal situation is totally different. Her Indonesian husband can easily apply for a KITAS for her with the status ‘ikut suami’ , accompanying the husband. The assumption of the Indonesian government seems to be that these foreign women are housewives, at home raising the children and not in the job market. The foreign wife is allowed to reside in Indonesia under this status, but not allowed to work. The basis for this sponsorship is the marriage certificate. Besides that, you need a letter of sponsorship from your husband, your passport, your husband’s ID card and his family card (kartu keluarga).

    If you were married overseas, as most foreign wives of Indonesians are, you must take a registered copy of your marriage certificate to the consular section of the nearest Indonesian consulate or embassy. Ask the consular staff to consularize a translation of the marriage certificate and a copy of the foreign marriage certificate.

    It is important to have a marriage conducted abroad registered in Indonesia at the Kantor Catatan Sipil within one year of the marriage or as soon as possible after the couple moves to Indonesia. Otherwise the marriage is not considered legal.

    If a foreign wife of an Indonesian is on an ikut suami status and wants to leave Indonesia, she must have a letter stating that her husband has given his permission for her to depart. This letter is needed in order to apply for an exit/reentry permit at the immigration office. This regulation is a formality, but can cause difficulties in the case of a separation, divorce or an attempt to spirit children out of the country.
    Employment for foreign wives

    A foreign wife of an Indonesian may not work in the formal sector unless she has a work permit, just like all other foreigners. This requires special qualifications and can be complicated unless the wife has skills companies here are desperate for and willing to go through the hassle of all the paperwork which is expensive and time consuming.
    Applying for a KITAP – Do it Yourself!

    Before going to immigration:

    * Prepare a sponsorship letter from your husband.
    * Prepare two photocopies of your husband’s KTP.
    * Prepare two photocopies of all your documents.
    * Have photos ready. Two each of 2×3, 3×4, 4×6 – just in case.

    There are two forms to fill in from the Immigration office – both of which can obtained at immigration for a fee, which includes the
    folder (pink) to put it in.

    Step 1 – Warung Buncit Immigration office (we use this office as an example)

    Take filled in forms to the 2nd floor of Warung Buncit Immigration office (if you are in Jakarta Selatan) and hand in at the appropriate window. They will tell you to come back in one, two or three days to pick up a letter.

    Step 2 – Warung Buncit Immigration office

    Pick up the letter you were told to come back for and take it to the Immigration Office in Cawang (get the address from Warung Buncit). The office in Cawang will tell you to buy a folder (different color) to put everything in and then tell you to come back in one, two or three days to pick up a letter.

    Step 3 – Cawang Immigration office

    Pick up the letter you were told to come back for and take it to the 5th floor, Department Hukuman, Jl. Rasuna Said, Kuningan. They will tell you to come back in one, two or three days to pick up a letter to take back to the Cawang office. Get a phone number because this office is always late with its letter for you and it’s just such a hassle to turn up and not be able to get it.

    Step 4 – Department Hukuman

    After having rung up and checked the letter is actually ready go, go back here and pick it up. Take this letter back to the Cawang office. They will tell you to come back in one, two or three days to pick up another letter.

    Step 5 – Cawang Immigration office

    Pick up the letter you were told to come back for and take it back to the Warung Buncit Immigration office. They will tell you to pay the fee – Rp 2 million for a new KITAP and Rp 1 million for a renewal of the KITAP. They will then tell you when to come back to pick up your KiTap. You will also be told to photocopy certain documents. You will also have to take your Blue Book downstairs so it too can be filled by the appropriate person – no cost. They will then tell to come back in a week, possibly less to pick up your new KiTap.

    Step 6 – Warung Buncit Immigration office

    When you have picked up your new KiTap. visa (which will be in your passport and your blue book) you can go to the Exit/Reentry window on the second floor to do a one-year exit/reentry visa (you will also need a sponsorship letter from your husband for this). This costs Rp 450,000. They will tell you to come back in one, two or three days to pick up your passport and blue book.

    Step 7 – Warung Buncit Immigration office

    Pick up your passport and blue book and go to Police Headquarters on Jl. Sudirman and go to the office where all foreigners have to report. Hand over your police book and a photocopy of your passport and blue book. It costs Rp 50,000 and usually takes 3 or 4 days.

    ***Also at Warung Buncit They will also tell you that now you are entitled to a KTP Orang Asing – this is what all Indonesia citizens must carry around as proof of identity and used in legal documents, etc. You will be directed to the Suku Dinas office in Slipi (ask for the address). This office will give you a letter to take to the Suku Dinas office just off Jl. Radio Dalam (remember at
    each office you will asked to come back in one, two or three days to pick up the next letter in the process). The Radio Dalam office will give you a letter to take to your kelurahan (local registry office?) who will then claim that no such document exists. Get a contact name at the Radio Dalam office so that when you are sitting in the kelurahan you can instantly call the Radio Dalam office and let them explain the KTP Orang Asing procedure. The kelurahan person will then suddenly remember the form

  7. manuziggy   Saturday, October 24, 2009 at 7:36 PM

    Now let’s look at article 1b, 4-5,7,9,10, 13-17. Especially on article 17 of this law, as long as Potus never said in the process of naturalization then according to Indonesian law he had Indonesian citizenship but according to your law he had dual nationality. Look at his half sister to crosschecked it.
    Here’s the law:
    Law No. 62 of 1958, Law on the Citizenship of the Republic of Indonesia
    Date of entry into force:1 August 1958 THE PRESIDENT OF THE REPUBLIC OF INDONESIA, Considering: that it is necessary to have a law on the citizenship of the Republic of Indonesia; With a view to:

    a.articles 5 and 144 of the Provisional Constitution of the Republic of Indonesia;

    b.article 89 of the Provisional Constitution of the Republic of Indonesia;
    With the approval of Parliament; Has decided: To cite:
    The Law on the Citizenship of the Republic of Indonesia.
    Article 1. Citizens of the Republic of Indonesia are:

    a.persons who, based on the legislation and/or treaties and/or regulations prevailing since the August 17, 1945 Proclamation, are already citizens of the Republic of Indonesia;

    b.persons who at their birth have a legal family relationship with their father, a citizen of the Republic of Indonesia, with the understanding that said citizenship of the Republic of Indonesia starts as from the existence of that legal family relationship and that said legal family relationship is created before the persons concerned have reached the age of 18 or before they are married at an earlier age;

    c.a child born within 300 days after the decease of its father, if said father is a citizen of the Republic of Indonesia at the time of his death;

    d.persons whose mother is a citizen of the Republic of Indonesia at their birth, if at that time they have no legal family relationship with their father;

    e.persons whose mother is a citizen of the Republic of Indonesia at their birth, if their father has no nationality, or as long as the nationality of the father is unknown;

    f.those born within the territory of the Republic of Indonesia as long as both parents are unknown;

    g.a child found within the territory of the Republic of Indonesia as long as both parents are unknown;

    h.persons who are born within the territory of the Republic of Indonesia, if both parents have no nationality or as long as the nationality of both parents is unknown;

    i. persons born within the territory of the Republic of Indonesia who have not acquired the nationality of the father or mother at the time of their birth and as long as they do not acquire the nationality of either their father or mother;

    j. persons who have acquired the citizenship of the Republic of Indonesia according to the regulations of this law.
    Article 2.

    (1)A foreign child of less than 5 years age who is adopted by a citizen of the Republic of Indonesia acquires the citizenship of the Republic of Indonesia, if such an adoption is declared legal by the Pengadilan Negeri at the residence of the person adopting the child.

    (2)Said declaration of legality by the Pengadilan Negeri shall be requested by the person adopting the child within 1 year after such an adoption or within 1 year after enforcement of this law.
    Article 3.

    (1)A child outside a marriage of a mother who is a citizen of the Republic of Indonesia or a child out of a legal marriage, but who has in a case of divorce been assigned to the care of its mother, a citizen of the Republic of Indonesia, who follows the nationality of the father, a foreigner, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia, if, after, having acquired the citizenship of the Republic of Indonesia, it possesses no other nationality or states at the same time to have released another nationality according to the procedure stipulated by the legal provisions of the country of origin and/or according to the procedure stipulated by the agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question.

    (2)The above mentioned petition shall be presented within 1 year after the person concerned has reached the age of 18 to the Minister of Justice through the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the person.

    (3)The Minister of Justice fulfils or rejects the petition with the approval of the Cabinet Council.

    (4)The citizenship of the Republic of Indonesia which has been acquired on such a petition is valid as of the date of the decree of the Minister of Justice.
    Article 4.

    (1)Aliens born and domiciled in the territory of the Republic of Indonesia whose father or mother, in case they have no legal family relationship with the father, is also born in the territory of the Republic in Indonesia and is a resident of the Republic of Indonesia, may present a petition to the Minister of Justice in order to acquire the citizenship of the Republic of Indonesia if they, after having acquired the citizenship of the Republic of Indonesia, have no other nationality or at the time that they present a petition they also make a statement as to having released another nationality which they may possibly possess, in accordance with the legal provisions prevailing in the country of their origin or according to the provisions of the Agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country in question.

    (2)The above mentioned petition shall be presented, within 1 year after the persons concerned have reached the age of 18, to the Minister of Justice through the Pengadilan Negeri at their residence.

    (3)The Minister of Justice fulfils or rejects the petition with the approval of the Cabinet Council.

    (4)The citizenship of the Republic of Indonesia acquired on such a petition is valid as of the date of the decree of the Minister of Justice.
    Article 5.

    (1)The citizenship of the Republic of Indonesia because of naturalization is acquired with the validity of the decree of the Minister of Justice who grants this naturalization.

    (2)In order to present a petition for naturalization, the petitioner shall:

    a.have reached the age of 21;

    b.be born within the territory of the Republic of Indonesia or at the time of presenting the petition be domiciled in said region for at least the last 5 consecutive years or in total 10 inconsecutive years;

    c.-if the person is a married man – obtain the approval of his wife (wives);

    d.master the Indonesian language properly and have appropriate knowledge of the history of Indonesia and have never been penalize because of having committed an offence which harms the Republic of Indonesia;

    e.be in a spiritual and physical healthy condition;

    f.pay to the State’s Treasury an amount between Rp.500,-to Rp.10.000,- of which the amount is fixed by the Tax office at the residence of the petitioner, based on the evident petitioner’s monthly earnings, with the stipulation that it may not exceed the evident earnings for one month;

    g.have a fixed income;

    h.have no nationality, or have lost his nationality if the petitioner acquires the citizenship of the Republic of Indonesia or states at the time to have released another nationality according to the legal provisions of the country of origin or according to the legal provisions of the Agreement on the settlement of the bi-nationality between the Republic of Indonesia and the country concerned.

    A woman may not apply for naturalization during matrimony.

    (3)Petitions for naturalization shall be forwarded in writing and provide with a stamp to the Minister of Justice through the Pengadilan Negeri as the residence of the petitioner;

    The petition shall be written in the Indonesian language and together with this petition shall be forwarded evidence on matters mentioned in para 2 except for what is stated under letter d.

    The Pengadilan Negeri or Representation of the Republic of Indonesia investigates the evidence as to its correctness and examines the petitioners as to their capability of mastering the Indonesian language and their knowledge of the history of Indonesia.

    (4)The Minister of Justice fulfils or rejects application for citizenship with the approval of the Cabinet Council.

    (5)The decree of the Minister of Justice which grants naturalization is valid as of the date that the petitioner takes an oath or swear allegiance before the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the petitioner and is valid retroactively the date of said decree of the Minister of Justice.

    The oath or allegiance swearing is as follows:

    “I swear (promise): “that I release entirely all loyalty “to foreign authority; “that I recognize and accept the highest authority “of and shall be loyal to “the Republic of Indonesia; “that I shall uphold the Constitution and other laws of “the Republic of Indonesia and “shall defend them faithfully; “that I bear this duty out of my own free will “and shall not diminish whatsoever”.

    (6)After the petitioner has taken an oath or sworn allegiance as mentioned above, the Minister of Justice publishes such naturalization by inserting his decree in the State’s Paper.

    (7)If the oath is not taken or allegiance not sworn within three months after the date of the decree of the Minister of Justice, said decree will automatically become null and void.

    (8)The amount of money mentioned in para 2 is refunded, if the naturalization is not fulfilled.

    (9)If the petition for naturalization is rejected, the petitioner may send in a repeat petition.
    Article 6.
    Naturalization may also be granted for the interest of the State or because of services rendered to the State, by the Government with the approval of Parliament. In this case from the provisions of article 5 only those in para 1, para 5, para 6 and para 7 are applicable.
    Article 7.

    (1)A foreign woman married to a citizen of the Republic of Indonesia, acquires the citizenship of the Republic of Indonesia, if and when she makes a statement as to that effect within 1 year after contracting said marriage, except in case when she acquires the citizenship of the Republic of Indonesia she possesses still another nationality, in which case the statement may not be made.

    (2)With the exception as mentioned in para 1 the foreign woman who marries a citizen of the Republic of Indonesia also acquires the citizenship of the Republic of Indonesia one year after the marriage has been contracted, if within that one year her husband does not make a statement as to release his citizenship of the Republic of Indonesia.

    Said statement may only be made and only results in the loss of the citizenship of the Republic of Indonesia if by such a loss the husband does not become stateless.

    (3)If one of the statements mentioned in para 1 and 2 have been made, the alternative statement may not be made.

    (4)The statements mentioned above shall be made to the Pengadilan Negeri or the Representation of the Republic of Indonesia at the residence of the person making such a statement.
    Article 8.

    (1)A woman, a citizen of the Republic of Indonesia, married to a foreigner looses her citizenship of the Republic of Indonesia, if and when she makes a statement as to that effect within one year after her marriage has been contracted except if, with the loss of the citizenship of the Republic of Indonesia, she becomes stateless.

    (2)The statement mentioned in para 1 shall be made to the Pengadilan Negeri or the Representation of the Republic of Indonesia at the residence of the person making such statement.
    Article 9.

    (1)The citizenship of the Republic of Indonesia acquired by a husband is automatically valid for his wife, except if, after the citizenship of the Republic of Indonesia has been acquired, the wife possesses still another nationality.

    (2)The loss of the citizenship of the Republic of Indonesia by a husband affects automatically his wife, except if the wife will become stateless.
    Article 10.

    (1)A woman is during matrimony not permitted to present a petition as meant in article 3 and article 4.

    (2)The loss of the citizenship of the Republic of Indonesia by a wife affects automatically her husband, except if the husband will become stateless.
    Article 11.

    (1)A person who because or as a result of marriage looses the citizenship of the Republic of Indonesia, regains said citizenship if and when after the marriage has been dissolved the person makes a statement as to that effect. Such statement shall be made within 1 year after the marriage has been dissolved to the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the person.

    (2)The provision of para 1 does not apply in case the person, after having regained the citizenship of the Republic of Indonesia, still possesses another nationality.
    Article 12.

    (1)A woman who because of or as a result of her marriage acquires the citizenship of the Republic of Indonesia, looses said citizenship again, if and when after her marriage has been dissolved she makes a statement as to that effect. Said statement shall be made within 1 year after the marriage has been dissolved to the Pengadilan Negeri or the Representation of the Republic of Indonesia at her residence.

    (2)The stipulation in para 1 is not applicable if said person becomes stateless with the loss of the citizenship of the Republic of Indonesia.
    Article 13.

    (1)Children who have not reached the age of 18 and are not married yet, who have a legal family relationship with their father before said father has acquired the citizenship of the Republic of Indonesia, also acquire the citizenship of the Republic of Indonesia, after they reside and are in Indonesia. The statement as to their residence and being in Indonesia is not valid for children who because their father acquires the citizenship of the Republic of Indonesia becomes stateless.

    (2)The citizenship of the Republic of Indonesia acquired by a mother also applies to her children who have no legal family relationship with the father, who have not reached the age of 18 and are not married yet after they have resided and are in Indonesia. If said citizenship of the Republic of Indonesia is acquired with the naturalization by a mother who has become a widow because of the decease of her husband, the children who have a legal family relationship with said husband, who have not reached the age of 18 and are not married yet also acquire the citizenship of the Republic of Indonesia after they reside and are in Indonesia. Statements as to their residence and being in Indonesia are not valid for children who because their mother has acquired the citizenship of the Republic of Indonesia become stateless.
    Article 14.

    (1)If the children as mentioned in article 2 and article 13 reach the age of 21, they loose the citizenship of the Republic of Indonesia again, if and when they make a statement as to that effect. Said statement shall be made within 1 year after the children have reached the age of 21 to the Pengadilan Negeri of Representation of the Republic of Indonesia at their residence.

    (2)The provision of para 1 is not applicable if said children become stateless with the loss of the citizenship of the Republic of Indonesia.
    Article 15.

    (1)The loss of the citizenship of the Republic of Indonesia by a father also affects his children who have a legal family relationship with said father, who have not reached the age of 18 and are not married yet, except if, with their loss of the citizenship of the Republic of Indonesia, these children become stateless.

    (2)The loss of the citizenship of the Republic of Indonesia by a mother also affects her children who have no legal family relationship with their father, except if with the loss of the citizenship of the Republic of Indonesia these children become stateless.

    (3)If this mother looses the citizenship of the Republic of Indonesia because of naturalization abroad and said mother has become a widow because of the decease of her husband, the provisions of para 2 also apply to her children who have a legal family relationship with her husband after these children reside and are abroad.
    Article 16.

    (1)A child who looses its citizenship of the Republic of Indonesia because its father or its mother looses said citizenship, regains the citizenship of the Republic of Indonesia after the child has reached the age of 18, if and when it makes a statement as to that effect.

    Said statement shall be made within one year after the child has reached the age of 18 to the Pengadilan Negeri or Representation of the Republic of Indonesia at the residence of the child.

    (2)The provisions of para 1 is not applicable in case said child, after having acquired the citizenship of the Republic of Indonesia still possesses another nationality.
    Article 17.
    The citizenship of the Republic of Indonesia is lost because of:

    a.acquiring another nationality out of one’s own free will, with the understanding that if the person concerned is, at the time that said other nationality is acquired, in the territory of the Republic of Indonesia, the citizenship of the Republic of Indonesia is only considered lost if the Minister of Justice declares it lost with the approval of the Cabinet Council on its own initiative or on the request of the person concerned;

    b.not having rejected or having released another nationality whilst the person concerned has had the opportunity as to that effect;

    c.being recognized by an alien as his/her child if the person concerned has not reached the age of 18 and is not married yet and does not become stateless with the loss of the citizenship of the Republic of Indonesia;

    d.being legally adopted by an alien as his/her child if the child concerned has not reached the age of 5 yet and it does not become stateless at the loss of the citizenship of the Republic of Indonesia;

    e.being declared as lost by the Minister of Justice with the approval of the Cabinet Council on the request of the person concerned if the person has reached the age of 21, is domiciled abroad and does not become stateless at the declaration of the citizenship of the Republic of Indonesia as being lost;

    f.entering a foreign military service without prior permission from the Minister of Justice;

    g.without prior permission form the Minister of Justice, entering a foreign state’s service or the services of an organization of nations not entered by the Republic of Indonesia as member, if the position held in the state’s service may, according to the regulations of the Republic of Indonesia, only be held by a citizen or the position in said nation organization service requires on oath or official promise;

    h.taking the oath or making the promise of loyalty to a foreign country or a part thereof;

    i.without being obliged, participating in a vote for one and another of constitutional nature for a foreign country;

    j.having a passport or certificate which has the character of a passport from a foreign country in one’s name which is still valid;

    k.other than for state’s service, domiciling abroad during 5 consecutive years by not declaring one’s wish as to continue being a citizen before the period has lapsed and thereafter every two years; such a wish shall be declared to the Representation of the Republic of Indonesia at one’s residence.

    For citizens of the Republic of Indonesia who have not reached the age of 18 yet, except if they are married, the five and two years’ period mentioned above is applicable as of the date that he reaches the age of 18.
    Article 18.
    A person who looses the citizenship of the Republic of Indonesia as mentioned in article 17 letter k. regains the citizenship of the Republic of Indonesia if the person is domiciled in Indonesia based on an Entry Permit and makes a statement as to that effect. Such a statement shall be made to the Pengadilan Negeri at the residence of the person within 1 year after the person is domiciled in Indonesia.
    Article 19.
    The citizenship of the Republic of Indonesia granted or acquired on incorrect information may be withdrawn by the office which has granted it or the office which has received the information.
    Article 20.
    Whoever is no citizen of the Republic of Indonesia is an alien.
    Transitional regulations
    Article I.
    A woman who, based on article 3 of the Regulation of the Military Administrator No. Prt/P.M./09/1957 and article 3 of the Regulation of the Central War Administrator No.Prt/Peperpu/014/1958 has been treated as a citizen of the Republic of Indonesia, becomes a citizen of the Republic of Indonesia if she has no other nationality.
    Article II.
    A person who at the moment of enforcement of this law is in the position as stated in article 7 or 8 may make the statement as mentioned in said article within 1 year after enforcement of this law, with the understanding that the husband of a woman who becomes a citizen of the Republic of Indonesia as mentioned in article I of the transitional regulation may no longer make the statement mentioned in article 7 para 2.
    Article III.
    A woman, who according to the legislation in force before this law is enforced would automatically be a citizen of the Republic of Indonesia were she not married, acquires the citizenship of the Republic of Indonesia if and when she makes a statement as to that effect within 1 year after her marriage has been dissolved or within 1 year after enforcement of this law to the Pengadilan Negeri or to the Representation of the Republic of Indonesia at her residence.
    Article IV.
    A person, who does not acquire the citizenship of the Republic of Indonesia along with the father or mother by making a statement according to the prevailing legislation before this law is enforced, because the person is of age at the time that the father or mother makes said statement, whilst the person himself/herself may not make the statement as to opt the citizenship of the Republic of Indonesia, is a citizen of the Republic of Indonesia, if the person, with this provision or heretofore, has no other nationality. The citizenship of the Republic of Indonesia acquired by said person is valid retroactively the date that the father/mother acquires said citizenship.
    Article V.
    In deviation from the provisions of article 4 para 1 and 2, children whose citizenship of the Republic of Indonesia has been rejected by their parents between December 27, 1949 till December 27,1951, may within one year after enforcement of this Law, present a petition to the Minister of Justice through the Pengadilan Negeri at their residence in order to acquire the citizenship of the Republic of Indonesia if they are under the age of 28, article 4 para 3 and 4 are further applicable.
    Article VI.
    An alien who before enforcement of this Law, has ever entered the armed forces of the Republic of Indonesia and meets with the conditions which will be stipulated by the Minister of Defence, acquires the citizenship of the Republic of Indonesia if the person makes a statement as to that effect to the Minister of Defence or official designated by the latter. The citizenship of the Republic of Indonesia acquired by the person mentioned above is valid retroactively the date that said person entered the armed forces.
    Article VII.
    A person, who before enforcement of this Law has been in a foreign military service as mentioned in article 17 letter f. or in service of a nations organization as mentioned in article 17 letter g. may apply for a permit to the Minister of Justice within 1 year after this law comes into force.
    Concluding regulations.
    Article I.
    A citizen of the Republic of Indonesia who is within the territory of the Republic of Indonesia is considered to possess no other nationality.
    Article II.
    By the understanding citizenship is included all kinds of protection by a state.
    Article III.
    In executing of this Law. Children who have not reached the age of 18 and are not married yet are considered to be domiciled with their father or their mother according to the specification in article 1 letter, b, c or d.
    Article IV.
    Whoever must prove that he/she is a citizen of the Republic of Indonesia and has no documents which indicate that he/she possesses or acquires or possesses or acquires along with the father/mother said citizenship, may request the Pengadilan Negeri at his/her residence to confirm whether or not he/she is a citizen of the Republic of Indonesia according to the usual tribunal procedure. This provision does not diminish the special provisions of or based on other laws.
    Article V.
    From statements made which cause the acquisition or loss of the citizenship of the Republic of Indonesia a copy is forwarded to the Minister of Justice by the official in question.
    Article VI.
    The Minister of Justice publishes in the State’s Paper names of persons who have acquired or lost the citizenship of the Republic of Indonesia.
    Article VII.
    One and another needed for the execution of the provision of this Law is regulated by Government regulations.
    Article VIII.
    This Law comes into force on the date of promulgation with the stipulation that the regulations in article 1 letter b to letter j, article 2, article 17 letter a, c and h are valid retroactively December 27, 1949. In order that everybody may know, the order is given to promulgate this law by insertion in the Government Gazette.

    Topics: Citizenship law, Nationality law,

  8. manuziggy   Saturday, October 24, 2009 at 7:26 PM

    He said himself that he is briefly stays in Indonesia while he was young. And according to his own admission that his mother second marriage is legal so did the second divorce. Now let’s look at the mixed marriage law applied in Indonesia before the later family law UU no1 tahun 1974 is introduce. here it is
    To the law that related to him while he was in Indonesia check out this law seek to the dutch embassy to obtain this one on their archives. Asked if they had the real (dutch text) and the english version on this law Regeling op de gemengde Huwelijken S. 1898 No. 158; get the copy and their stamp in order to make it official; do it ASAP. REGELING OP DE GEMENGDE HUWELIJKEN.

    REGULATION THE MARRIAGES MIXED ON. (K.E.g. 29 Dec. 1896 No. 23.) S. 98-158.

    Consid. Considering the fact that the necessity has proven to be for, subject to the provisions at the law on the Dutch nationality and the resident ship (N.S. 1892 No. 268) for Indonesia to put at look v. marriages tusschen persons regulate who are subject there to differing a right;

    Article 1

    Marriages between persons, who are subject in Indonesia to differing a right, mixed marriages are called.

    Article 2 Istri yang melakukan perkawinan campuran, selama dalam perkawinannya mengikuti kedudukan suaminya dalam hukum Publik dan hukum perdata

    The woman, who contracts a mixed marriage, follows the right of law in marriage, public and private law, pine stand of her man.

    Article 3

    Except in the cases at art. 4 mentioned, the woman, who has contracted a mixed marriage, also after dissolution of it, pine, preserves by or as a result of that marriage obtained state.

    Article 4

    The woman loses by right pine by or as a result of a mixed marriage obtained state and all her rights the powers and obligations, her belonging to or on her resting under in pursuance of that marriage for its appropriate right, if she remarries after dissolution of it with a man, who is subject to a another right then that of its another spouse, or within the year after that dissolution when the declaration takes off, which she stands to its own statements at turning. This declaration results in by right, which the woman returns to the right, to which she was submitted, before she closed a mixed marriage.

    Article 5 Keterangan yang dimaksud dalam pasal yang lalu diberikan dihadapan kepala Pemerintahan setempat dari tempat tinggal wanita itu. Keterangan pejabat ini didaftar dalam daftar yang diperuntukkan untuk itu dan olehnya secepatnya diumumkan dengan penempatan dalam surat kabar resmi.

    In the previous art. meant statement is given for the head of local governing board (a) of the place of residence of the woman. The declaration these civil servant in to this end a register registered and him is intended zoo shortly possibly public made seating in the official paper work.

    Article 6.

    (Gew. S. 01-348.) The execution of mixed marriages occur according to for pine man applying right, subject to the authorization of the pleasing both party, which always shall become the subject that being required.

    When however this right progresses no person by whom or at whose of the time that the marriage is executed, the chieftain of the husband must occur in the presence of the head of the residents of pine country nature, to which the man belongs, or his legalize substitute, and, failing district head, failing the head of the district, the village or the kampong, where the marriage is executed.

    If the law didn’t required any progress right must be written the marriage certificate, then is he, by whom or at whose oversight the marriage is executed, obliges of it marriage certificate make up, in accordance with by pine Governor Generals more closely determine model. (S. 98-161 jo. 01-349.) If that person cannot write, the certificate in writing by, by the head of the local governing board is brought (a ) to this end designated person.

    (Gew. S. 18-30 jo. 19-81; 07-205 art. 3* jo. 19-816.) When with respect to the woman it is family determined for the Europeans appropriate and with respect to pine man not, he is, by stipulating period to whom or at whose oversight the marriage is executed, kept of it to the drawn up deed within at decree where to send to pine civil servant of pine ordination score for the European population in the resort the marriage is executed. (1) this certificate by must civil servant in a separate to this end register is intended registered and kept.

    Article 7

    (Gew. S. 01-348.) A mixed marriage cannot be executed, unless in advance proves to be, which concerns its person at look of the woman, for her personal data, it is satisfied to that regulations or law of for its appropriate right, concerning the qualities and conditions, which are progressed to be able contract the marriage, oversight the formalities, which for the rules of it must take place.

    Difference of religion, country nature or source can be considered never as an obstacle against the marriage. (Gew. S. 18-30 jo. 19-81.) At bewijze that, account of at the first paragraph of this art. meant regulations or vereischten, against the voltrekking of the marriage geene objections exist, must, unless it a marriage where with respect to both parties the familierecht determined for the Europeans is appropriate, applies, eene declaration are delivered, on ongezegeld paper, free of charge by dengeen, which charges, according to for the woman the applying right at harer place of residence with the voltrekking of marriages or to this end competent is. When zoodanig person do not exist according to for that woman applying right, the here mean declaration will be delivered by the head of the residents of pine country nature, to which the woman belongs, or, failing zoodanig head, by designating expert by the head of the local governing board (a) of the living or residence of the woman

    Article 8

    In case of refusal before-mentioned deliver declaration, the ordinary district judge decide right of the woman on the petition of the interested party or of the interested parties, in the highest resort, without form of process, on the yes or no the rejection of the negative. If that judge the negative explains unfounded, his decision in that place of the declaration in the previous art steps. meant. With respect to this arrangement it applies certain in the last subparagraph of the previous art.

    Article 9

    (Gew. S. 02-311; 18-30; 19-81.) He that to the execute of a mixed marriage proceeds without, in the cases, in which this becomes void, the declaration mentioned in the third paragraph of art. 7, or the legal arrangement, meant in the second last subparagraph of the previous art. has been discussed, it is punished with fine money fine of at the most fifty guilders. (Inv. Sw. 6-107o)

    Article 10

    Mixed marriages contracted outside Indonesia, or in a part of Indonesia where Indonesian self-management exists still, are of value, if they closed its to pine form, usual in the country where the court have had, subject to both of the parties acted not against the regulations or terms of for its appropriate right, concerning the qualities and conditions, which are progressed to be able contract a marriage.

    Article 11

    Children, that being born from mixed marriages, which are executed under the former right, follow public and private law pine stand of behalf of the father position under the law.

    Article 12 Kedudukan anak-anak termaksud dalam pasal yang lalu karena akta perkawinan orang tua mereka kurang memenuhi syarat-syaratnya atau bahkan karena tidak adanya akta yang demikian, tidak dapat dibantab, bila anak-anak itu secara lahiriah mempunyai kedudukan sebagai demikian dan orang tua mereka secara terang-terangan hidup sebagai suami-istri.

    in dutch:

    The state of in the previous art. meant children cannot, marriage of lacks in the trouwakte of the parents or even because of the lack of the certificate, to be disputed, if those children have the external possession of their state and the parents have lived openly as a man and woman.

    (a) S. 31-168 jo. 423: in the gvtsl. v. Jav. Mad. ” pine ass. – res.” (a) S. 31-168 jo. 423: in the gvtsl. v. Jav. Mad. ” pine ass. – res.” (1) at S. 02-113 it has been stipulated, which da opzending meant of the huwelijksacte in already. 5 v. art. 6 v. h. K.E.g. 29 Dec. 1896 No. 33 (S. 9S No. 158), zooals this art. No sound in pursuance of K.B. of 19 July 1901. 38 (S. No. 348) must occur, within two months after the voltrekking of the marriage; and that at lack of this the person, by wien ot at whose overstaan the marriage is executed, are punished with a money fine of five up to five and twenty guilders. (Inv. Sw. 7-127o.)

    (b) (2) at S. 01-348. art. II, it has been stipulated: The legality of the mixed marriage eener Chineesche woman, closed for the coming into force of this decision, cannot be disputed on the basis of being lacking eener declaration, sufficiently to 2e the member v. art. 7 v. h. K.E.g. 29 Dec. 1896 No. 23. (I.S. 98-158.)

    Quelle: The statute books, laws and regulations benevens the constitution of the republic Indonesia . Disusun menurut Sistem Engelbrecht. Jakarta 1992, S. 798-800.
    [www.kitlv-journals.nl]; this site contains explaination of the dutch law that were applied before 1974 marriage law were applied in Indonesia (uu no.1 tahun 1974) the law it self were on this location (of course in dutch language)

  9. manuziggy   Saturday, October 24, 2009 at 7:22 PM

    let’s check this first shall we, according to US law it self:
    Dual Nationality

    The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy.Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

    A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth.U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

    Intent can be shown by the person’s statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person’s allegiance.

    However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there.Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship.Most countries permit a person to renounce or otherwise lose citizenship.

    Information on losing foreign citizenship can be obtained from the foreign country’s embassy and consulates in the United States. Americans can renounce U.S. citizenship in the proper form at U.S. embassies and consulates abroad.
    and here’s another about US law:
    Advice about Possible Loss of U.S. Citizenship and Dual Nationality

    The Department of State is responsible for determining the citizenship status of a person located outside the United States or in connection with the application for a U.S. passport while in the United States.

    POTENTIALLY EXPATRIATING ACTS

    Section 349 of the Immigration and Nationality Act (8 U.S.C. 1481), as amended, states that U.S. citizens are subject to loss of citizenship if they perform certain specified acts voluntarily and with the intention to relinquish U.S. citizenship. Briefly stated, these acts include:

    1. obtaining naturalization in a foreign state (Sec. 349 (a) (1) INA);
    2. taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions (Sec. 349 (a) (2) INA);
    3. entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state (Sec. 349 (a) (3) INA);
    4. accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) an oath or declaration of allegiance is required in accepting the position (Sec. 349 (a) (4) INA);
    5. formally renouncing U.S. citizenship before a U.S. diplomatic or consular officer outside the United States (sec. 349 (a) (5) INA);
    6. formally renouncing U.S. citizenship within the U.S. (but only under strict, narrow statutory conditions) (Sec. 349 (a) (6) INA);
    7. conviction for an act of treason (Sec. 349 (a) (7) INA).

    ADMINISTRATIVE STANDARD OF EVIDENCE

    As already noted, the actions listed above can cause loss of U.S. citizenship only if performed voluntarily and with the intention of relinquishing U.S. citizenship. The Department has a uniform administrative standard of evidence based on the premise that U.S. citizens intend to retain United States citizenship when they obtain naturalization in a foreign state, subscribe to a declaration of allegiance to a foreign state, serve in the armed forces of a foreign state not engaged in hostilities with the United States, or accept non-policy level employment with a foreign government.

    DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS APPLICABLE

    In light of the administrative premise discussed above, a person who:

    1. is naturalized in a foreign country;
    2. takes a routine oath of allegiance to a foreign state;
    3. serves in the armed forces of a foreign state not engaged in hostilities with the United States, or
    4. accepts non-policy level employment with a foreign government,

    and in so doing wishes to retain U.S. citizenship need not submit prior to the commission of a potentially expatriating act a statement or evidence of his or her intent to retain U.S. citizenship since such an intent will be presumed.

    When, as the result of an individual’s inquiry or an individual’s application for registration or a passport it comes to the attention of a U.S. consular officer that a U.S. citizen has performed an act made potentially expatriating by Sections 349(a)(1), 349(a)(2), 349(a)(3) or 349(a)(4) as described above, the consular officer will simply ask the applicant if there was intent to relinquish U.S. citizenship when performing the act. If the answer is no, the consular officer will certify that it was not the person’s intent to relinquish U.S. citizenship and, consequently, find that the person has retained U.S. citizenship.

    PERSONS WHO WISH TO RELINQUISH U.S. CITIZENSHIP

    If the answer to the question regarding intent to relinquish citizenship is yes , the person concerned will be asked to complete a questionnaire to ascertain his or her intent toward U.S. citizenship. When the questionnaire is completed and the voluntary relinquishment statement is signed by the expatriate, the consular officer will proceed to prepare a certificate of loss of nationality. The certificate will be forwarded to the Department of State for consideration and, if appropriate, approval.

    An individual who has performed any of the acts made potentially expatriating by statute who wishes to lose U.S. citizenship may do so by affirming in writing to a U.S. consular officer that the act was performed with an intent to relinquish U.S. citizenship. Of course, a person always has the option of seeking to formally renounce U.S. citizenship abroad in accordance with Section 349 (a) (5) INA.

    DISPOSITION OF CASES WHEN ADMINISTRATIVE PREMISE IS INAPPLICABLE

    The premise that a person intends to retain U.S. citizenship is not applicable when the individual:

    1. formally renounces U.S. citizenship before a consular officer;
    2. serves in the armed forces of a foreign state engaged in hostilities with the United States;
    3. takes a policy level position in a foreign state;
    4. is convicted of treason; or
    5. performs an act made potentially expatriating by statute accompanied by conduct which is so inconsistent with retention of U.S. citizenship that it compels a conclusion that the individual intended to relinquish U.S. citizenship. (Such cases are very rare.)

    Cases in categories 2, 3, 4 and 5 will be developed carefully by U.S. consular officers to ascertain the individual’s intent toward U.S. citizenship.

    APPLICABILITY OF ADMINISTRATIVE PREMISE TO PAST CASES

    The premise established by the administrative standard of evidence is applicable to cases adjudicated previously. Persons who previously lost U.S. citizenship may wish to have their cases reconsidered in light of this policy.

    A person may initiate such a reconsideration by submitting a request to the nearest U.S. consular office or by writing directly to:

    Express Mail:
    Director
    Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
    Overseas Citizens Services
    Bureau of Consular Affairs
    U.S. Department of State
    4th Floor
    2100 Pennsylvania Avenue, N.W.
    Washington, D.C. 20037
    Phone: 202-736-9110
    Fax: 202-736-9111
    Email: ASKPRI@state.gov

    Regular Mail
    Director
    Office of Policy Review and Inter-Agency Liaison (CA/OCS/PRI)
    Overseas Citizens Services
    Bureau of Consular Affairs
    U.S. Department of State
    SA-29, 4th Floor
    Washington, D.C. 20520

    Each case will be reviewed on its own merits taking into consideration, for example, statements made by the person at the time of the potentially expatriating act.

    LOSS OF NATIONALITY AND TAXATION

    P.L. 104-191 contains changes in the taxation of U.S. citizens who renounce or otherwise lose U.S. citizenship. In general, any person who lost U.S. citizenship within 10 years immediately preceding the close of the taxable year, whose principle purpose in losing citizenship was to avoid taxation, will be subject to continued taxation.

    See …

    * Internal Revenue Service Instructions for Completion of Form 8854
    * Internal Revenue Service Guidance on Expatriation Reporting Requirements
    * Internal Revenue Service Expatriation Tax

    Copies of approved Certificates of Loss of Nationality are provided by the Department of State to the Internal Revenue Service pursuant to P.L. 104-191. Questions regarding United States taxation consequences upon loss of U.S. nationality should be addressed to the U.S. Internal Revenue Service.

    DUAL NATIONALITY

    Dual nationality can occur as the result of a variety of circumstances. The automatic acquisition or retention of a foreign nationality, acquired, for example, by birth in a foreign country or through an alien parent, does not affect U.S. citizenship. It is prudent, however, to check with authorities of the other country to see if dual nationality is permissible under local law. Dual nationality can also occur when a person is naturalized in a foreign state without intending to relinquish U.S. nationality and is thereafter found not to have lost U.S. citizenship: the individual consequently may possess dual nationality. While recognizing the existence of dual nationality and permitting Americans to have other nationalities, the U.S. Government also recognizes the problems which it may cause. Claims of other countries upon dual-national U.S. citizens often place them in situations where their obligations to one country are in conflict with the laws of the other. In addition, their dual nationality may hamper efforts to provide U.S. diplomatic and consular protection to them when they are abroad.

    ADDITIONAL INFORMATION

    See also information flyers on related subject available via the Department of State, Bureau of Consular Affairs home page on the internet at http://travel.state.gov. These flyers include:

    * Dual Nationality
    * Advice About Possible Loss of U.S. Citizenship and Seeking Public Office in a Foreign State
    * Advice About Possible Loss of U.S. Citizenship and Foreign Military Service
    * Renunciation of United States Citizenship
    * Renunciation of U.S. Citizenship by Persons Claiming a Right of Residence in the United States

  10. Vic_Hern   Thursday, October 15, 2009 at 7:47 PM

    I used this newspaper archive site last year to research my high school BB team when we won state tourney. Was really
    complete. Costs $10 for 1 month. Might be useful here.

    http://www.newspaperarchive.com/KeywordLaunch.aspx?WT.medium=cpc&WT.term=1958&WT.campaign=1591&key=years&WT.content=text&WT.source=google&cshift_ck=1266196196cs603245124&WT.srch=1

  11. John Adams   Wednesday, October 14, 2009 at 3:25 PM

    It doesn’t make any difference if Obama was born anywhere in the US. One parent, his father, was NOT an American citizen. Thus, he DOES NOT QUALIFY to be President under Article II of the Constitution which specifically states a President MUST BE a “natural born citizen.” i.e. both parents must be American Citizens, and the child must be born in the US. There are 3 categories (portals of entry) for citizens: 1) a “naturalized citizen” (born in another country and applying and qualifying for citizenship in the US, 2) a “citizen,” a child born in the US of at least one foreign parents, and 3) a “natural born citizen,” a child born in the US or under US jurisdiction of two citizen parents. The first 2 categories do not qualify to become candidates for the Presidency of the United States. This is the intent of the Constitution and was the specific intent of the Founding Fathers to assure that a candidate DOES NOT have divided loyalties to two nations. The Founding Fathers grandfathered those who fought for the Revolution, but by 1795 and since 1795 the present intent of the Constitution applies. Amendment XIV does not alter these conclusions. If Obama was indeed born in Kenya or Hawaii, it is of no consequence to the primary intent of Article II; but assuredly he was raised in Indonesia by his own admission in his youth which brings about the division of loyalty, which condition the Founding Fathers intended that Article II avoid. Also, there is a further issue: If he assumed citizenship in Indonesia while living with his American mother and Indonesian step-father, Indonesian law is “Supreme” and supersedes all other national and international law so that according to Indonesian law he may NOT become a citizen of any other nation, or he may have dual citizenship in violation of Indonesian law. In the case that Obama was born in Kenya, as one unconfirmed but on-line birth certificate with baby footprint indicates, he would, by the laws of this Country, become an illegal alien (a horrid condition of Constitutional delinquency, another issue). If he did NOT assume Indonesian citizenship and retained the British/Kenyan citizenship of his father, as he has admitted, then he still under no circumstances qualifies under the constraints of Article II of the Constitution to become President of the US, and, repeating, if he was, indeed, born in Kenya, the problem of ANY legitimate citizenship persists. The major point is that by legal definition he is NOT a “natural born citizen” (born in the US of citizen parents), and therefore he CAN NOT LAWFULLY be the President of the United States. This is NOW a Constitutional Crisis of the highest order which is to evolve, or the Constitution must fail at the hands of a Usurper, the Congress and the Media. The fact that he has never been vetted and has refused to disclose any and all records of his youth and education is a national disgrace of unimaginable proportions.

  12. John Gaqvigan   Wednesday, October 14, 2009 at 1:57 PM

    Judge Land seems to be about as qualified to be a Federal Judge as Barack (Barry Sortero) Obama is to be president. No previous experience, questionable or no allegiance to the Constitution and rule by thuggery.

  13. Margie   Wednesday, October 14, 2009 at 12:21 PM

    Who the heck do these people think they are? He states if she was to appeal, there would be no trial and jury of her peers….He needs to be locked up in a cage, where criminals belong.

  14. storm7   Wednesday, October 14, 2009 at 9:30 AM

    Isn’t it funny that Judge Land issued sanctions against Orly Taitz shortly after obama’s buddy – “AG Eric Holder” was spotted near the courthouse (& without any security or protection) talk about total B… S…

    Judge Land said, Orly was NOT even allowed to appeal the $20,000 fine – by stating no trial & jury of her peers will be permitted if she were to try to appeal. (Judge Land, are you that afraid she will uncover something?)

    This is totally unfair & smells of FEAR of the Gov’t being afraid that if she was able to defend herself that the truth then would come out about obama… It was reported that AG Eric Holder was seen at the coffee shop across the street from the court house (THE SAME DAY AS ORLY’S HEARING of Capt Rhodes Case) The reason many feel he was there was to put the pressure on…

    This whole thing stinks to high heaven… Strong arm tactics – Chicago Style!! Where the hell is the MEDIA… Oh yeah I forgot they are in love with the Prez. what a joke!!

  15. Harry H   Wednesday, October 14, 2009 at 8:42 AM

    U.S. District Court judges are entitled to their tenure only under good conduct. Judge Land has forfeited his right to continued tenure by his blatant bigotry and his scurrilous personal attacks on Taitz. He has disgraced his robes and should be removed from the bench for judicial misconduct.

  16. NewEnglandPatriot   Wednesday, October 14, 2009 at 7:44 AM

    Excellent article. I’m mailing a letter to Judge Land today. His actions are illogical, not based on the Constitution, and flagrantly prejudiced because he doesn’t want to have to hear the case and demand that Obama produce his credentials to be president. I think Judge Land fears Obama more than being de-benched.

    A citizens’ grand jury needs to be formed to investigate Judge Land immediately. We also need to do the same for any public official who is suspected of wrongdoing.

    Citizens’ grand juries were once very common, but have been deemed “obsolete” by Congress. However, that doesn’t mean we can’t resurrect them, as American Grand Jury has. Almost 300 people just voted on the issues of fraud and treason in regard to Obama and Pelosi, and the presentments will be distributed until a judge is willing to act on it.

    Judge Land needs to leave the bench. We are his employers, and he has violated the trust that was given to him when he became a judge. He is a coward and refuses to uphold the Constitution.

  17. Pingback: Land sanctions Taitz for $20,000 «

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