Getting married is a life path that is a dream for every couple. However, marriage is not just about uniting two people who love each other, celebrating, and/or having a wedding party.
In Indonesia, couples who are getting married must follow certain procedures. Some documents must be prepared so that the marriage is valid before religion and the state. Marriages that are legal before religion and the state have official documents that every couple must have as proof that they are a legal couple. The authentic proof document is the Marriage Certificate (Akta Perkawinan) / Marriage Book (Buku Nikah).
This article will further discuss the following:
What is a Marriage Certificate/Marriage Book in Indonesia?
- What is the information contained in a marriage certificate/marriage book?
- What are the differences between a marriage certificate and a marriage book?
- What are the functions of a marriage certificate/marriage book?
- What is a Kartu Nikah Digital? Does it replace the Marriage Certificate/Marriage Book?
Who Can Obtain a Marriage Certificate/Marriage Book in Indonesia?
What are the Steps to Obtain a Marriage Certificate/Marriage Book in Indonesia?
What to Consider when Applying for a Marriage Certificate/Marriage Book in Indonesia?
- Key Details About the Marriage Certificate/Marriage Book in Indonesia
What is a Marriage Certificate/Marriage Book in Indonesia?
The definition of a marriage certificate/marriage book is an official document that contains information about a married couple and is proof of the validity of the marriage before religion and the state. Marriage certificates/marriage books are issued by the Office of Religious Affairs (KUA) or authorized government agencies.
The provisions regarding marriage registration are based on Law Number 1 of 1974 concerning Marriage Article 2 paragraph (2) which reads as follows:
“Every marriage is recorded according to the applicable laws and regulations.”
Based on Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 20 of 2019 concerning Marriage Registration Chapter 1 General Provisions Article 1 points 9, and 10, defines Marriage Certificate and/or Marriage Book, as follows:
9. A Marriage Certificate is an authentic deed of marriage registration.
10. A Marriage Book is a document excerpted from the Marriage Certificate in the form of a book.
What is the information contained in a Marriage Certificate/Marriage Book?
In Indonesia, there is a difference between a Marriage Certificate and a Marriage Book. The Marriage Certificate is issued by the Population and Civil Registration Office (Dinas Kependudukan dan Catatan Sipil or “Disdukcapil”) which is intended for non-Muslim couples, while the Marriage Book is issued by the Religious Affairs Office (Kantor Urusan Agama or “KUA”) and is intended for Muslims.
The Marriage Certificate/Marriage Book contains information about the identity of the spouse, along with the date and time of the marriage ceremony, and the information on the spouses' parents. Please note that in the Marriage Book, there will also be information regarding the amount of the marriage dowry.
What are the differences between Marriage Certificate/Marriage Book?
There is a difference in physical form between the Marriage Certificate and the Marriage Book. The Marriage Certificate is a certificate printed on an A4 size HVS white cardboard with 80 grams, while the Marriage Book has characteristics like a small book. Previously, the marriage book had a different cover color, the purpose of the color difference was only for ownership, maroon for the husband and green for the wife. However, based on the Instruction of the Director General of Bimas Islam No. B-787/DJ.III/PW.00/05/2024, the 2024 printed marriage book is the same for both spouses, green. The new format of the marriage book comes into effect and will be used starting from October 2024.
What are the functions of a Marriage Certificate/Marriage Book?
Both the Marriage Certificate and the Marriage Book have the same function and designation, as follows:
Marriage legality;
They serve as proof of the legality of the marriage. This document proves that the marriage is valid under religious and state law. This legality function is to apply for important documents such as passports, and immigration documents or applying for loans, buying vehicles, buying houses, and others. The marriage certificate can also be used as evidence in the event of legal disputes or problems within the marriage.
As the official identity of the married couple;
They serve as the official identity of the married couple before the state and are legal proof that the couple is legally valid and has the same rights in all matters related to marriage.
As a basis for inheritance;
The marriage certificate/marriage book serves as a proof document for the basis of dividing the inheritance if one of the spouses dies and determining who is the heir of the heir. With this function of a marriage certificate/marriage book, the family of the deceased spouse can obtain the right to inheritance.
Issuance of childbirth certificates and other legal documentation;
A marriage certificate/marriage book is also required in issuing a child birth certificate and other state documents—for example: the dual citizenship certificate for children. The information contained in the marriage certificate/marriage book is needed to make a child birth certificate which also contains the names of the parents and the date of their marriage.
Protect family rights;
The marriage certificate/ marriage book has the function of protecting family rights. When a couple is married and has a child, the marriage certificate/marriage book becomes legal evidence that the couple is legally valid and has equal rights in educating, nurturing, and raising their child. This function also serves as evidence in taking care of all matters related to family rights and needs.
Avoid multiple marriages;
The marriage certificate/marriage book is also a tool to prevent multiple marriages or hidden polygamy that can damage the husband and wife relationship and family integrity.
What is a Kartu Nikah Digital? Does it replace the Marriage Certificate/Marriage Book?
Since 2021, the Indonesian Ministry of Religious Affairs has issued a breakthrough that follows the development of the current digital era, namely a digital marriage card (Kartu Nikah Digital). Essentially, this is a digital marriage document. This Kartu Nikah Digital has several benefits including making it easier for the bride and groom to carry marriage documents when traveling, making it easier to check the validity of the marriage of the bride and groom, preventing fraud that may be committed by one of the spouses and also a means of accelerating getting services for the bride and groom. However, this digital marriage card does not replace the position of the Marriage Certificate/Marriage Book which is more official and important, and currently, the digital marriage card is only available to married couples who have their marriage in Islam.
Who Can Obtain a Marriage Certificate/Marriage Book in Indonesia?
Couples who have been legally married before religion and state according to the applicable laws and regulations have the right to obtain a marriage certificate issued by the authorized government agency in this case, namely the Population and Civil Registration Office or the marriage book issued by the Religious Affair Office (KUA).
The emphasis on the word legal in front of religion and the state in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage is very closely related to Siri marriage (a religious marriage which is not recognized under the state law) that is still practiced by many Muslim couples in Indonesia (nikah siri). Since nikah siri is only valid before religion and not before the state, it does not meet the provisions of Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage. Consequently, couples under Nikah Siri cannot obtain any marriage book. Regardless, couples under nikah siri can also get a valid marriage certificate by applying for marriage itsbat to the local Religious Court (Pengadilan Agama). This itsbat application can be submitted by the husband, wife, children, parents, or even the Marriage Guardian.
What are the Steps to Get a Marriage Certificate/Marriage Book in Indonesia?
To obtain a Marriage Certificate/Marriage Book in Indonesia, the couple must prepare several things and procedures below. The first step is to prepare and fulfill the marriage requirements, as follows:
Copy of ID card, KK, birth certificate & latest diploma;
Marriage Introduction Letter Form from the Head of Village/Lurah (N1 model);
Application Form for Marriage Intention (model N2);
Bride's consent letter (model N4);
Parental permission letter (model N5);
Copy of guardian's ID card & 2 witnesses;
Citation of the Marriage Certificate of the bride-to-be's parents;
Tetanus Toxoid (TT) Immunization for bride;
Statement letter of trace/girl or widower/widow or Certificate of unmarried from the Village/District;
Photo ID by wearing neat and polite clothing, for those who are Muslims wearing Muslim clothing (skullcap/headscarf);
A dispensation letter from the court for prospective husbands who are less than 19 years old for men, and prospective wives who are less than 16 years old;
Divorce certificate/death certificate with widower/widow status.
Please note that the above are the general requirements. In our experience, different regions can request more or less documents. Thus, it is important to consult with a legal expert or directly at the relevant government office.
The next step is to take the above marriage requirements to the appropriate government office, taking into account the religion of the prospective bride and groom.
For non-Muslim couples, the marriage is to be registered at the Population and Civil Registry Office with the following procedure:
The applicant brings the original letter/document to the Population and Civil Registry Office for verification by the officer and determination of the marriage registration schedule.
The marriage registration is carried out at the implementing agency where the marriage takes place.
Fill in the marriage registration form at the Population and Civil Registry Office by attaching the requirements.
The civil registration officer records it in the marriage certificate register and issues a marriage certificate quotation.
The marriage certificate is given to each husband and wife.
For non-Muslim couples, the marriage is to be registered at the Religious Affairs Office (KUA), with the following procedures:
Visit the neighbourhood association (RT/RW) to apply for a marriage cover letter;
Bring the marriage introduction letter from the RT/RW to the kelurahan to apply for a marriage introduction letter consisting of N1-N4;
Take the marriage cover letter from the kelurahan to the Office of Religious Affairs (KUA) to register the marriage and submit the marriage requirements;
The Office of Religious Affairs (KUA) official will check the marriage date of the bride and groom and the marriage guardian. Determine the day and time of the marriage ceremony at the KUA;
On the day and time of the marriage ceremony, the bride and groom take part in the marriage procession at the KUA.
The marriage book will be given on the day of the marriage ceremony after the marriage ceremony is completed and declared valid by the Penghulu Officer from the Office of Religious Affairs (KUA) and the marriage book has been signed by the bride and groom.
How to obtain the Kartu Nikah Digital?
Married couples can also obtain a digital marriage card by following these steps:
Visit the KUA where the couples got married;
Enter the marriage data into the Nikah Management Information System (Web Simkah);
The KUA will process the Digital Nikah Card request and send the digital marriage card soft file via email Print the Digital Nikah Card using a printer.
What to Consider when Applying for a Marriage Certificate/Marriage Book in Indonesia?
Obtaining a marriage certificate in Indonesia involves several important considerations, particularly regarding the religion of the couple. This determines which government office will process and register the marriage.
For Muslim Couples:
The marriage must be registered at the Religious Affairs Office (KUA). The marriage book, a crucial legal document, is issued immediately after the marriage ceremony, which must comply with Islamic laws. The Penghulu Official, appointed by the KUA, oversees the marriage ceremony and ensures its validity under Islamic principles.
For Non-Muslim Couples:
Non-Muslim couples are required to first hold a religious blessing ceremony according to their faith at a recognized religious institution, such as a church, temple, or vihara. After completing this procession, the marriage must be registered at the Population and Civil Registry Office (Disdukcapil). The office then issues the marriage certificate, which consists of identical copies for both spouses. Each document specifies whether it is for the husband or the wife in the top-right corner.
Key Details About the Marriage Certificate/Marriage Book in Indonesia
Uniformity Across Documents:
As previously mentioned, in October 2024, the marriage books issued by the KUA are uniform in color (green) for both spouses. Similarly, marriage certificates from Disdukcapil for non-Muslim couples are identical in form and content, with the distinction noted in the top-right corner.
Timeline for Registration:
Ideally, marriage registration should be completed within ten working days from the date of the ceremony or religious blessing.
Importance of Safekeeping:
The marriage certificate in Indonesia serves as official proof of the marriage’s validity. Couples are strongly advised to store these documents securely to prevent loss or damage, given their critical legal and personal significance.
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END NOTE: This article is intended for informational purposes only and should not be construed as legal advice or a legal opinion. Specific cases require specific advice, and the content provided herein may not be applicable in all situations. Legal regulations and interpretations can vary widely and may change over time, necessitating consultation with legal experts. If you require specific legal advice or guidance, please contact a qualified legal professional. It is crucial to consult with legal experts before applying the information in this article to ensure compliance with current legal standards and requirements.
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