- PRENUPTIAL OR POSTNUP AGREEMENT (hereinafter referred to “Agreement”)
This agreement is quite essential if the couples plan to buy property in Indonesia. The purpose of the Agreement is to separate the wealth of a married couple. Based on Indonesian marriage law, the wealth/asset of a married couple is mixed or considered jointly owned.
The background of having the wealth/asset of a married couple separated is because the foreign individual cannot get freehold title land in Indonesia. This is prohibited based on Indonesian agrarian law. Hence, if you do not separate the wealth/asset with the Indonesian spouse, it will be considered that the foreign individual participates to buy the land. Click here for more information on foreigners’ own land in Indonesia.
The newest regulation regarding the land mentions the prenuptial or postnup agreement as to the evidence of the separation of assets. Article 70 of the Government Regulation No. 18 of 2021 mentions that:
“Indonesian citizen who marries a foreign citizen can own the same right title over the land with the other Indonesian citizen. The right over the land is not joint assets as evidenced by an agreement on the separation of assets between husband and wife made with a notarial deed”
Therefore, if the Indonesian spouse plans to buy land in Indonesia, the mixed-married couple must enter into a prenuptial agreement before the marriage. If you are already married, you could also enter the postnup agreement. Please click the inquiry below to set up the prenuptial/postnup agreement.
- TYPE OF VISA(S) FOR YOUR FOREIGN SPOUSE
The type of visa will depend on whether you want to have a permanent stay or not.
To stay in Indonesia
If you plan to stay in Indonesia, you can apply for KITAS (limited stay permit). After you are married for 2 (two) years, you may apply for KITAP (permanent stay permit). The KITAS or KITAP must be sponsored either by your spouse (or parents if it is for a child) or it can be sponsored by the company if the foreign spouse works in Indonesia.
To visit Indonesia
You can apply for a visit visa or social visa sponsored by your spouse for a family visit. Other than that, you can also consider getting the Visa on Arrival (VOA) which does not need a sponsor. The VOA is valid for a maximum period of 30 (thirty) days from the date of issuance of the entry sign and cannot be extended.
- MARRIAGE ADMINISTRATION
The administration process will depend on where the marriage is conducted. If the marriage is conducted in Indonesia, then the couple must marry based on Indonesian law which will follow the religion embraced by the Indonesian spouse.
If the marriage is conducted outside of Indonesia, it will be legal if it is carried out according to the applicable law in the country where the marriage was held, and for Indonesian citizens, it does not violate the provisions of the Indonesian law. Within one year after the married couple comes back to Indonesia, their marriage certificate must be registered at the Marriage Registry Office which is located where they live in Indonesia.
- A JOB FOR A FOREIGN SPOUSE
A foreigner can work in Indonesia, whether hired by a company or by creating a business in Indonesia. If hired by a company, some positions are prohibited for foreign workers sit as:
- Personnel Director
- Industrial Relation Manager
- Human Resource Manager
- Personnel Development Supervisor
- Personnel Placement Supervisor
- Employee Career Development Supervisor
- Personnel Declare Administrator
- Personnel and Careers Specialist
- Personnel Specialist
- Career Advisor
- Job Advisor
- Job Advisor and Counseling
- Employee Mediator
- Job Training Administrator
- Job Interviewer
- Job Analyst
- Occupational Safety Specialist.
If the foreign spouse works or receives any remuneration in Indonesia, other than obtaining the visa please also obtain the work permit. Otherwise, it will be subject to a penalty or sanction.
- NATIONALITY OF THE MIXED MARRIAGE COUPLE
People of different nationalities who do mixed marriages can obtain citizenship from husband/wife and may also lose their citizenship, according to the methods specified in the law of citizenship of the Republic of Indonesia (Article 58 of Indonesian marriage law).
Based on Article 26 of Indonesian Nationality Law, it mentions that:
- An Indonesian male citizen who marries a foreign female citizen loses the citizenship of the Republic of Indonesia if according to the law of his wife’s country of origin, the husband’s citizenship follows the wife’s citizenship as a result of the marriage.
- A woman Indonesian citizen who marries a male foreign national loses Indonesian citizenship if according to the law of her husband’s country of origin, the wife’s citizenship follows the husband’s citizenship as a result of the marriage.
An Indonesian citizen cannot have dual nationality. Therefore, if an Indonesian citizen gets a foreign nationality based on the law of the country’s origin, that Indonesian citizen may lose their Indonesian nationality.
If a woman or a man as referred to above wishes to remain an Indonesian citizen, they may submit a statement regarding their wishes to the official or representative of the Republic of Indonesia whose territory includes the residence of the woman or man, except the application results in dual citizenship. The statement letter can be submitted within 3 (three) years after the marriage.
Other than that, the foreign spouse can also apply for Indonesian nationality only after they meet certain requirements. There are a lot of documents required i.e married certificate, pass photo, etc. However, we will only mention the fundamental requirements to apply for Indonesian nationality that are mentioned in Article 9 of the Indonesian Nationality Law below:
- 18 (eighteen) years old or already married;
- at the time of submitting the application already resided in the territory of the Republic of Indonesia for a minimum of 5 (five) consecutive years or a minimum of 10 (ten) non-consecutive years;
- physically and mentally healthy;
- can speak Indonesian and recognize the state foundation of Pancasila and the Law 1945 Constitution of the Republic of Indonesia;
- have never been convicted of a crime punishable by criminal imprisonment of 1 (one) year or more;
- if by obtaining the Citizenship of the Republic of Indonesia, you do not become dual citizenship;
- have a job and/or a fixed income; and
- pay citizenship money to the State Treasury.
Disclaimer: This article is for information purposes only and does not constitute any legal advice. For more details on how we can assist you with the mixed marriage, please reach us below.