The Issuance of Duplicate of Marriage Certificate in Mixed Marriage
Author: Clara Angela A. Sipangkar., S.H.M.H & Sophie Dhinda A. Brahmana S.H., M.H.
Currently, there are still many people who do not aknowledge the meaning of Mixed Marriage in Indonesia. Many people thought that Mixed Marriage involves more than one religion which is different than what have stated in law No. 1 of 1974 concerning Marriage ("Law 1/1974"). Based on Article 57 Law 1/1974, mixed marriage is a marriage between two people in Indonesia subject to different laws as result of difference in citizenship and one of the parties is an Indonesian citizen. From the related provision above we can conclude that a marriage between an Indonesia Citizen (Warga Negara Indonesia – “WNI”) and Foreign Citizen (Warga Negara Asing – “WNA”) is what we called Mixed Marriage.
Mixed marriage which is took places in Indonesia must be performed according to the provision Law 1/1974, and also must fulfill the requirements of marriage according to the laws of the respective religious beliefs of the spouse concerned and registered by the authorized registrar employees. This is pursuant to Article 61 Law 1/1974 which stated that a Mixed Marriage have to be registered in the related institution. This is also regulated in Article 2 paragraph (2) Law 1/1974, which stated that every marriage is required to be registered according to the applicable regulations. For spouse who their marriage already registered, they will receive a Marriage Certificate according to the laws of the respective religious beliefs of the spouse. The non-muslim spouse received a Marriage Deed, meanwhile the muslim spouse receive the Marriage Book. In the event the spouse Marriage Deed or Marriage Book lost, then the spouse can be performed the reissuance of the lost Marriage Deed or Marriage Book.
Reissuing Marriage Deed is different with the requirement to reissuing the Marriage Book. Thus, there are 2 (two) possibilities to perform the reissuing of lost Marriage Certificate, which is:
1. The reissuing of excerpt of Marriage Deed by the Registration Office for Population Affairs
For those who are non-muslim the marriage registration done in Registration Office for Population Affairs, where the marriage took places. This are according to Article 34 paragraph (1) Law Number 23 of 2006 Concerning Population Administration as amended by Law Number 24 of 2013 concerning Amendment to the Law Number 23 of 2006 concerning Population Administration (“Law 23/2006”) which states :
“The legal marriage according to the Law provision shall be reported by residents to the Related Institution where marriage took places at the latest 60 (sixty) days from the marriage date.”
Furthermore Article 34 paragraph (2) Law 23/2006 stated that based on a report as referred in the paragraph (1) above, The Officials Population Affairs records the register of Marriage Deed and issuance the excerpt of Marriage Deed. Law 23/2006 as well as other law regulation does not make any explanation about reissuing the lost or broken excerpts of marriage, however based on our independent research, we get the information that to propose the reissuing of excerpts of marriage deed can be performed in Registration Office for Population Affairs where the excerpts of marriage deed being issued, by bringing the supporting documents as follows:
Regarding the period of time for reissuing the Marriage Deed we cannot clearly describe the exact time, because the Registration Office for Population Affairs need to search the data or archives of the register number of the missing Marriage Certificate manually.
Photocopy of Marriage Deed;
Missing Certificate from Police;
Copies of Identification Card;
Photocopy of Family Card; and
Photocopy of Birth Certificate.
2. The reissuing of Marriage Book and Itsbat of Marriage
Based on Article 6 paragraph (1) Compilation of Islamic Law (Kompilasi Hukum Islam - “KHI”), for muslim people, the registry of marriage done in the District Office of Religious Affairs (Kantor Urusan Agama - “KUA”). This are being reinforced in Article 34 paragraph (4) Law 23/2006 which stated that the marriage of muslim citizen are reported to KUA district and will be given Marriage Deed which is issued by KUA District.
After marriage being registered, the Marriage Deed made in two copies. The first copies will be kept by the employee of Registration Office and another copy will be kept by Clerk of the Court in region of the Marriage Registration Office located. Moreover, based on Article 13 Government Regulation No. 9 of 1975 concerning Law No. 1 of 1974 Concerning Marriage (“Government Regulation 9/75”), for the spouse, excerpts of marriage book will be given for each of them (also known with the term of “marriage book”, and that term used in the regulation of the Minister of Religion).
If marriage book are lost, related person can propose the application for the issuance of a duplicate Marriage Deed to the Marriage Registrar Employee (Pegawai Pencatat Nikah - “PPN”). The definition of PPN according to the Article 2 Paragraph (2) Regulation of Minister of Religion Number 11 of 2007 concerning Registration of Marriage (Peraturan Menteri Agama 11/2007 - “PMA 11/2007”) is head of KUA. Moreover in Article 35 PMA 11/2007, stated that:
“The issuance of duplicate of marriage deed, duplicate of the verdict of excerpts of divorce and the duplicate of reconcilement marriage deed which lost or broken, done by PPN based on certificate of missing or damages from the local police office”
Thus, a person who lost a Marriage Book can ask for the Marriage Book duplicate to the district KUA where marriage took places, accompanied with Missing Certificate from Police.
In the case that the record of marriage did not exist in KUA district, which is makes the legitimation of marriage cannot be prove or being doubtful and the Marriage Deed duplicate cannot be issued, then that person can propose the ratification of itsbat of marriage to the Religious Court. This are based on Article 7 paragraph (2) KHI, which stated:
“In the case that marriage cannot be proven with Marriage Deed, Then can propose the Itsbat of Marriage to the religious court.”
Moreover, The Article 7 paragraph (3) KHI stated that:
“(3) Itsbat of Marriage that can be propose to the Religious Court, are limited to things concerning with :
a. There is a marriage to settle a divorce;
b. The Marriage Deed are lost;
c. There is doubt about the legality of any of the terms of marriage;
d. There is a marriage which take places before enactment of Law Number 1 of 1974; and
e. Marriage performed by them who didn’t have obstruction to married according to Law Number 1 of 1974.”
In case there is a couple who cannot prove their marriage with Marriage Deed, then related parties should propose the itsbat of marriage to the Religious Court. Therefore, hoppefully this article could give information for those to manage the issuance of duplicate of Marriage Deed which have been lost.
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