Since the issuance of Constitutional Court Decision No. 69/PUU-XIII/2015 (“CC Decision 69/2015“), a marital agreement can be made at the time of marriage ceremony, before the marriage ceremony, or during the marriage, that is legalized by the marriage registrar. Therefore, a marriage agreement not only can be made prior to or on the marriage time, but after or during the marriage. The marriage agreement is valid since the marriage is formed, unless otherwise stipulated under the marriage agreement.
Following the CC Decision 69/2015, the Ministry of Home Affairs through the Directorate General of Population and Civil Registry has issued the Circular Letter No. 472.2/5876/Dukcapil on Recordal of Marriage Agreement Report (“CL Dukcapil Marriage Agreement“). Based on the CL Dukcapil, the marriage agreement shall be made with notary deed and reported to the Implementing Institution or Technical Implementing Unit (“UPT”).
As below are the requirements for reporting the marriage agreement:
Marriage agreement is made at the time of marriage or before the marriage is conducted:
• Copy of identity card;
• Copy of marriage certificate;
• Copy of notarial deed of marriage agreement that has been legalized, by showing its original document.
Marriage agreement is made during the marriage:
• Copy of identity card;
• Copy of marriage certificate;
• Copy of notarial deed of marriage agreement that has been legalized, by showing its original document;
• Excerpt of marriage deed of husband and wife.
Marriage agreement is made in Indonesia, but the recordal of marriage is conducted in other country:
• Copy of identity card;
• Copy of marriage certificate;
• Copy of notarial deed of marriage agreement that has been legalized, by showing its original document;
• Excerpt of marriage deed issued by other country;
• Information letter on reporting of deed of marriage that is issued by other country.
Following the report of marriage agreement, the Officer of Marriage Registrar at the Implementing Institution or UPT shall make marginal notes on the registrar deed and excerpt of marriage certificate which inform the existence of marriage agreement.
Adrian Fernando
