Certificate non impediment for marriage

[Bingbong]

Hi all,
when researching the inter web to try and find out about this I came across this forum which seems to be a great source for good information. So thanks to those that run this forum and the contributors.
so here is the situation and my question…
I am from the UK (man) and will marry a lovely Indonesian. I’m sure you have heard of this happening before .
we are scheduled to get married in HongKong but they have now requested a certificate of non impediment for her.
so the question, how do I get this? I have tried already but only had a local document from her village which HK will not accept. So how do I get an official government supplied form/letter?
thanks very much to share any info you have.
cheers
David

 

[Samoerai]

I have tried already but only had a local document from her village which HK will not accept. So how do I get an official government supplied form/letter?

My guess is ... go to the Indonesian Embassy in China/HK.

 

[centurion]

Usually the local Civil Registry Office (Catatan Sipil). Also could depend on Indonesian sopouse's reigion.

 

[marcus]

I agree with Samoerai that the easiest step is to ask the Indonesian Consulate in HK . I checked its website (https://www.kemlu.go.id/hongkong) but didn't see any "certificate of non impediment to marry) or similar , so if you are in HK , better go there and ask .

If the Consulate cannot help , you could ask the HK authorities if her Indonesian KTP/identity card would be enough (as her civil status is stated there) . Ask also what HK requires about legalization and translation of Indonesian documents (Indonesia now can do legalization with a "Apostille") .

If not , then she will have to get a different proof of her civil status , maybe from Indonesian KUA (if Muslim) or Kantor Catatan Sipil , if non-Muslim , as suggested by centurion .

 

[Bingbong]

Thanks very much!
we are not in HK at the moment so she is trying to this at home. Translating the id card might help also. Good idea.

 

[Helpful Herbert]

When we did it I had to have the PM1, N1, N2, N4 forms from her hometown:
1) Surat izin menikah dari orang tua (permission to marry - signed by RT, RW, Lurah and her mother)
2) Surat Keterangan untuk nikah (N1) - it was just a form saying that she was going to get married
3) Surat Keterangan Asal usul (N2) - not sure exactly what this one is for
3) Surat Keterangan untuk orang tua (N4) - saying who her parents are
4) Surat Keterangan (istri) (PM1) - saying who she is

It is the Indonesian embassy in the country concerned that you have to give these to. And then I think on the basis of these the embassy would give the no impediment letter or approval letter, and this should be accepted by the authorities of the country you marry in. However this was 12 years ago so it may have changed since then.

Once you're married you need to register it at the Catatan Sipil within 30 days of returning/going to Indonesia. You get a certificate with a photo of the two of you - this is a vital document you will need to show regularly for the rest of your life (if you plan to live in Indonesia in any case)!

 

[Samoerai]

1) Surat izin menikah dari orang tua (permission to marry - signed by RT, RW, Lurah and her mother)

Permission from all these people?

If she is younger than 18 years old, I can understand she needs permission from her parents.

 

[marcus]

... Translating the id card might help also. Good idea.

Usually a proof of civil status need to be recent , so if the identity card was issued long ago it should not be acceptable .

 

[Helpful Herbert]

Permission from all these people?

If she is younger than 18 years old, I can understand she needs permission from her parents.

Yes, it was a bit strange. I wonder what would have happened if her parents didn't agree. Anyway the more forms there are then the more people can make money from the process, so I guess that's why.

 

[centurion]

Hi all,
when researching the inter web to try and find out about this I came across this forum which seems to be a great source for good information. So thanks to those that run this forum and the contributors.
so here is the situation and my question…
I am from the UK (man) and will marry a lovely Indonesian. I’m sure you have heard of this happening before .
we are scheduled to get married in HongKong but they have now requested a certificate of non impediment for her.
so the question, how do I get this? I have tried already but only had a local document from her village which HK will not accept. So how do I get an official government supplied form/letter?
thanks very much to share any info you have.
cheers
David

Basically, if the future spouse is Muslim, you will have to have a religious muslim marriage besides the civil marriage and certificate on non-impediment either from Civil registry office or Office of Religion (KUA), properly translated and legalized by apostille. Both spouses shall be muslim.

If the future spouse is non-muslim, non-impediment letter from Civil registry office, properly translated and legalized by apostille would be sufficient.

 

[marcus]

... Once you're married you need to register it at the Catatan Sipil ...

Before that , a registration in the Indonesian Embassy/Consulate at the marriage country is required (see below) .

----------------------------

From https://www.hukumonline.com/klinik/a/pernikahan-di-luar-negeri-lt56d4fd4251dc2/
Title : How to Register Marriage Abroad and in Indonesia , Feb 2024
By Bernadetha Aurelia Oktavira, S.H.
(free translation)
For an Indonesian citizen who intends to marry either another Indonesian or a foreign citizen outside Indonesia, ...

However, the marriage abroad is not immediately valid and recognized under Indonesian Law.

... the Indonesian Marriage Law stipulates that in order to a marriage outside Indonesia to be valid and recognized under Indonesian Law, a proof of marriage from abroad is required to be registered with the Kantor Catatan Sipil where the husband and wife live no later than 30 days after returning to Indonesia.

Then, the provisions for marriage of Indonesians abroad as regulated in Presidential Regulation 96/2018 are as follows.

Marriage of Indonesian citizens with foreigners outside Indonesia ... must be reported to the Indonesian Embassy/Consulate by fulfilling the following requirements:

1. extract of marriage certificate/proof of marriage registration from the country of marriage;
2. Indonesian passport; and
3. a certificate indicating domicile or certificate of moving abroad.

In the event that the marriage country does not organize marriage registration for foreigners, registration of marriage of Indonesian citizens with foreigners is carried out at the Indonesian Embassy/Consulate by fulfilling the following requirements:

1. certificate of marriage in the marriage country;
2. colored photographs of husband and wife;
3. Indonesian passport; and
4. a certificate indicating domicile or certificate of moving abroad.

.....

To prove that all the requirements have been met, both Indonesians and foreigners must provide a certificate which essentially states that the marriage requirements have been fulfilled by the authorized marriage registrar in their respective countries...

 

[pantaiema]

Yes, it was a bit strange. I wonder what would have happened if her parents didn't agree. Anyway the more forms there are then the more people can make money from the process, so I guess that's why.

In addition to this Indonesian Culture people like to transfer responsibility to other people. If something wrong happen in the future they could easily play a blame game although all of this job has actually be conducted by the civil servant and they already get paid from the taxpayer's.

 

[Bingbong]

Thanks to all for the great information. I will report back how it works out for us. We will not live in Indonesia but plan to visit yearly with family. We will live in Europe. I just want to get through all these hoops and get on with life!

 

[marcus]

... We will not live in Indonesia but plan to visit yearly with family. We will live in Europe...

Even so , it would be good if you register the foreign marriage in Indonesia when you do these yearly visits . Live in Indonesia is a good option when you retire , and registering the marriage in Indonesia as soon as possible may be relevant when living here .

 

[Bingbong]

Well, things are not going well at all. All she can get is a letter from the village chief backed up by a letter from the KUA which is not acceptable. We beed a government letter.
So complicated there.

 

[Samoerai]

Why would a letter from KUA not be acceptable?

Religious Affairs (“KUA”) is a regional-level religious government agency that carries out several missions of the Ministry of Religion of the Republic of Indonesia in district areas, especially in the field of Islamic religious affairs. One of the functions of the KUA is to carry out marriage registration for Muslim people.

 

[centurion]

Well, things are not going well at all. All she can get is a letter from the village chief backed up by a letter from the KUA which is not acceptable. We beed a government letter.
So complicated there.

It is possible to get a free-marital status letter from Catatan Sipil (Civil Registry Office); this letter should be legalized by apostille and translated. This would fit your purpose.

However, you mentioned KUA, means your spouse is a Muslim. Indonesia does not recognize muslim-non muslim marriages (and basically iterfaith marriages),enforced recently trough the government administration system, meaning your marriage would not be recognized at all and you could not get it registered, and in wider sence, not valid at all.

If you are married abroad, you have to have a religious ceremony in a mosque in that country. Failing to do so would make the marriage unregistrable in Indonesia (you cannot validate this with religious ceremony in Indonesia afterwards-it has to be done abroad where the foreign marriage is). I even know case where muslim spouses made a civil marriage abroad and could not register the marriage in Indonesia as there was no ceremony.

 

[marcus]

... All she can get is a letter from the village chief backed up by a letter from the KUA which is not acceptable. We beed a government letter...

I agree with Samoerai , if she is Muslim (stated in her identification card/KTP) , KUA is the Indonesian Government office responsible for this subject .
Did you legalize (Apostille) / translated the KUA document ?

About Apostille , I did it less than 2 years ago and Indonesia requested me to first legalize the Buku Nikah/Marriage Book in order to make the Apostille (like a double legalization and all only in Jakarta although Apostille process could initiate online) .
About translation , some countries only accept translations by sworn translators registered in their respective countries .

Just curious , if she is in Indonesia and you are not in HK , why don't you marry in Indonesia ? It would be a lot easier .

 

[marcus]

... If you are married abroad, you have to have a religious ceremony in a mosque in that country ...

I guess this means that her father or older brother should be present at the ceremony , right ?

 

[centurion]

I guess this means that her father or older brother should be present at the ceremony , right ?

No. Just done in the mosque besides the civil ceremony.