IDEAS home Printed from https://ideas.repec.org/a/tec/journl/v14y2020i1p260-265.html
   My bibliography  Save this article

Legal Status of Overseas Marriage Registration in the Perspective of Indonesian Marriage Law

Author

Listed:
  • Muhammad Romli

    (Student for Doctor of Law, Faculty of Law, Brawijaya University, Indonesia)

  • Thohir Luth

    (Professor of Islamic Law, Faculty of Law, Brawijaya University, Indonesia)

  • Rachmi Sulistyarini

    (Doctor of Civil Law, Faculty of Law, University of Brawijaya, Indonesia)

  • Siti Hamidah

    (Doctor of Civil Law, Faculty of Law, University of Brawijaya, Indonesia)

Abstract

This study aims to analyze the legal status of overseas marriage registration from the perspective of Indonesian marriage law. Law Number 16 of 2019, amendments to Law Number 1 of 1974 concerning Marriage, states that marriages conducted by Indonesian citizens outside Indonesia are legal if carried out according to law. which applies in the country where the marriage is taking place and for Indonesian citizens does not violate the provisions of the Marriage Law. Furthermore, within 1 (one) year after the husband and wife return to the territory of Indonesia, proof of their marriage must be registered at the marriage registration office where they live. There is still a problematic status of the registration law, whether it makes the validity of the marriage or is it only limited to the administrative order. This research uses a conceptual approach, a statutory approach, a historical approach and a philosophical approach. Legal materials used in this study consist of primary legal materials, secondary legal materials and tertiary legal materials which are normative in nature by searching, collecting and studying literature and documents, both conventionally and via the internet. The results of this study are the legal status of marriage registration abroad in the perspective of Indonesian marriage law, precisely in Article 56 of Law no. 16 of 2019 amendments to Law no. 1 of 1974 concerning Marriage, it can be concluded in general that the legal status of overseas marriage registration still does not provide legal certainty regarding the validity of marriage except for the extent of an administrative order. And there are three legal principles in Article 56 of the Marriage Law, namely: the lex patriae principle, the lex loci celebration principle and the principle of public order.

Suggested Citation

  • Muhammad Romli & Thohir Luth & Rachmi Sulistyarini & Siti Hamidah, 2020. "Legal Status of Overseas Marriage Registration in the Perspective of Indonesian Marriage Law," Technium Social Sciences Journal, Technium Science, vol. 14(1), pages 260-265, December.
  • Handle: RePEc:tec:journl:v:14:y:2020:i:1:p:260-265
    as

    Download full text from publisher

    File URL: https://techniumscience.com/index.php/socialsciences/article/download/2077/830
    Download Restriction: no

    File URL: https://techniumscience.com/index.php/socialsciences/article/view/2077
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Legal Status; Registration; Foreign Marriage;
    All these keywords.

    JEL classification:

    • R00 - Urban, Rural, Regional, Real Estate, and Transportation Economics - - General - - - General
    • Z0 - Other Special Topics - - General

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:tec:journl:v:14:y:2020:i:1:p:260-265. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Tasente Tanase (email available below). General contact details of provider: .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.