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Thread: Registration of KUA Marriage with Consulate and Catatan Sipil

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    Default Registration of KUA Marriage with Consulate and Catatan Sipil

    There are new issues which have come to light on the Forum in recent days which are troubling me concerning the process for registering the Buk Nikah Marriage with the Consulate of my country and with Catatan Sipil, neither of which i have considered necessary previously. In view of postings on the Thread about ex pats marrying Indonesian Nationals, I wanted us all to reflect on this because it seems that some people are being asked for these documents and others are not.

    The website for British Embassy Jakarta is pretty explicit that it cannot accept registration of a foreign marriage (ie a marriage such as Buku Nikah which happens in Indonesia) but it can undertake a Deposit of the marriage with the General Register Office back in Uk at a fee of 35 Pounds and requiring us to give up the original Buku Nikah.

    It was always my understanding that KUA and Catatan Sipil run side by side and one legal marriage with one does not need to be registered with the other. I quite understand why a foreign overseas marriage should be registered with Catatan Sipil but why should a KUA Marriage conducted in a legal way be subjected to the same requirement. Is there a glitch in the law that they would be concerned we would attempt to use the CNI for marriage to two different people at KUA and Catatan Sipil.

    Hoping all this is a 'red herring' but also hoping someone can put my mind at rest before my imminent visit to Immigration to make my Kitas Extension for the second year.

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    Member redsnapr's Avatar
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    From the sister site of this forum:

    Getting Married in Indonesia - Information for Indonesian/Expat Couples
    • 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.
    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.
    As it's clearly explained in the article there is no need to register a muslim marriage at the Catatan Sipil. As for marriages that took place outside Indonesia, those have to be registered at Catatan Sipil.

    As for the registration or acknowledgement of the Indonesian marriage by the foreigner's embassy, that is something I would like to hear more opinions and experiences; the British Embassy is apparently strictly adhering to a bureaucratic process while I read somewhere else the US Embassy is signing a self made acknowledgement of the marriage.
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    Quote Originally Posted by redsnapr View Post
    From the sister site of this forum:

    Getting Married in Indonesia - Information for Indonesian/Expat Couples
    • 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.

    As it's clearly explained in the article there is no need to register a muslim marriage at the Catatan Sipil......
    Why is there no need is the key question I think. Remembering that Catatan Sipil is somewhat equivalent to Registrar of Births, Deaths and Marriages, someone probably needs to. Is KUA supposed to advise Catatan Sipil? Maybe but I doubt it/wouldn't count on it happening. I guess in the end all we need to know is that the marriage needs to be registered so that: 1) We can get an up to date KK if needed and 2) Imigrasi are asking for evidence of registration.

    So my advice is trot along to CS, ask them to have a look at the electronic records and update if necessary.

    As to the embassy - Australian as per US for acknowledgment of marriage.
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    Member redsnapr's Avatar
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    If that is the question being raised by mrcibubur then the answer is - I guess - because in Indonesia the registration office for all islamic public/legal acts, including muslim marriages, is KUA. Why the RI does not have a centralized registration office for ALL official acts is one of those enigmas that, at least for me, remain unanswered and will make our lives harder until changed.

    The same site I linked in my previous post explains this too:

    " 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"

    This is an important step to be followed for those couples having a muslim marriage and moving to the foreigner's country. If Indonesia were a signatory of The (apostille) Hague Convention, this step would not be necessary. But.....

    This I came to realize the hard way. I did not know about this additional nick in the procedures when I married my Indonesian wife and later began the process of registering our wedding in our home country. First thing the Colombian authorities asked was for the apostille on the buku nikah or the registration at the consulate. To make the situation completely f..ked-up, at that time Colombia did not have a diplomatic representation in Indonesia.
    Last edited by redsnapr; 09-04-12 at 07:03. Reason: &*%@# auto correct!!!
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    The UK Embassy and the UK recognise the legal marrage here. There is no need to register it with thte UK, it does not really serve any purpose. They also want to keep the original cetificate which may cause problemd later.
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    The real problem arises from the alleged (new?) requirements from imigrasi for the KITAS extension and the conversion of KITAS to KITAP sponsored by Indonesian spouses.
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    Quote Originally Posted by redsnapr View Post
    The real problem arises from the alleged (new?) requirements from imigrasi for the KITAS extension and the conversion of KITAS to KITAP sponsored by Indonesian spouses.
    That's right. To my knowledge the Buku Nikah is good enough proof in Indonesia and Australia that one is legally married - there does not seem to be the need/capacity to register a foreign marriage with BDM in Oz. The need to register it with Catatan Sipil is all about we foreigners here in Indonesia, as far as I can tell, except if your home country takes the Colombian approach as per Redsnapr's post above
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    It certainly seems from the feedback to date that we are under the apprehension that registration of a KUA Marriage NEED NOT be registered with the Catatan Sipil. what has changed, if anything, to prompt the requirements made of Kanpie (and possibly others as well in the future?) What is the exact legal requirement about this?

    The British Embassy are adamant that they cannot and will not register a foreign marriage at the Consulate, Canada are following Uk while Australia and USA are showing flexibility, though whether they are following the law of their country in what they issue is perhaps debatable.

    Has anyone ever seen how the records of marriage within Catatan Sipil are kept beyond passing over pieces of paper? Is there any kind of computerised system recording the marriages? Is there any kind of co-ordination with KUA and vice-versa?

    I am going to seek out the Surat Keterangan from KUA and Catatan Sipil even if Immigration don't ask for it. I thought at first that Kanpie's problem might have been to do with a Kawin Siri but he makes no mention of that, so that is surely unlikely.

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    The registration to the consulate is not a new issue which has come to light on the Forum. It has been the case for some time now. The registration at the CaPil concerning a moslem marriage makes sense. Has a future KITAS holder or a future KITAP holder, the CaPil must record you in it's file even if you are a moslem. They need to issue you a NIK, they need to know that you are married, they need to know that you exist. There are requirements concerning foreigners registration and Immigration want to make sure that you fully comply with law. CaPil is in charge to administrate ALL the population, including the muslims and not only those of other faith. It ain't the KUA which will tell them that you are married. It's you.

    In other words, none of the above requirements shock me or are illegal. They perfectly make sense, IMHO and it wouldn't bother me more than that if I would be asked a surat keterengan from either the Capil or my consulate. If a foreign consulate can't issue such document, I am afraid that it ain't to the indonesian government to fix the problem.

    In the future, be ready that Immigration ask you much more documents such as NPWP, current SKTT (for an extension) and ANY documents you should have as a foreigner. The job of immigration is to investigate the you comply with ALL laws of the RI.

    One of the reason I applied for my KITAP more than a year ago is because, having read the successive draft for the new Immigration law, I suspected that the procedure won't be easier, but would involve more formalities. This is also why I've advised to many to hurry and not to wait May 2012.

    Last edited by atlantis; 10-04-12 at 19:27.
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