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Indonesia: civil marriage

A marriage is valid if it is celebrated under the religion of both parties (Marriage Law, Art. 2(1)) and must also be recorded (Art. 2(2)); since Law No. 16 of 2019 the minimum age is 19 for men and women alike, with a court dispensation for very urgent reasons, and the registrar must be given notice at least 10 working days ahead.

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Marriage

Law No. 1 of 1974 defines marriage as a bond between one man and one woman aimed at a happy and lasting family (Art. 1) and is monogamous in principle (Art. 3(1)). The state does not celebrate the wedding itself: Government Regulation No. 9 of 1975 has Muslim marriages recorded by registrars of the Office of Religious Affairs (KUA) and all other marriages by the civil registry (Art. 2(1) and (2)). This page speaks of national law unless it says Islamic law (the 1991 Compilation applied by the Religious Courts), Aceh or adat.

Article 7 was the only provision replaced by Law No. 16 of 2019, which the President signed on 14 October 2019 and which was promulgated on 15 October 2019. Marriage is now allowed only when both the man and the woman have reached 19 (Art. 7(1)), where the 1974 text had set 19 for men and 16 for women. The change followed Constitutional Court decision 22/PUU-XV/2017, which struck out the words 'age 16' for women and gave the legislature three years to amend the Law. Parents of either party may ask a court for a dispensation 'for very urgent reasons accompanied by sufficient supporting evidence', and the court must hear both intended spouses (Art. 7(2) and (3)). The elucidation sends the request to the Religious Court for Muslims and to the District Court for everyone else, defines 'very urgent' as a situation with no other choice and a marriage that is absolutely forced to take place, and defines the evidence as a document showing that the intended spouses are under the legal age plus a statement from a health worker backing the parents' claim of urgency. Separately, anyone under 21 needs the permission of both parents, or of the surviving or capable parent, a guardian or ascendant relatives, and a court can give permission when they disagree (Art. 6(2) to (5)).

The registrar's procedure comes from Government Regulation No. 9 of 1975. The couple notifies the registrar of the place of the wedding at least 10 working days beforehand, and the sub-district head (Camat) may shorten this for an important reason (Art. 3(2) and (3)). The registrar checks birth certificates or a village head's statement of age, the parents' details, parental or court permission for anyone under 21, the court's permission for a husband who already has a wife, any age dispensation, and a death or divorce certificate where a party was married before (Art. 6(2)). The intention to marry is then posted publicly (Art. 8) and the wedding takes place after the tenth day from that announcement, in the form of the parties' religion, before the registrar and two witnesses (Art. 10(1) to (3)); both spouses and the witnesses sign the deed, and for Muslims so does the marriage guardian (Art. 11). A registrar who finds an impediment must refuse in writing with reasons, and the parties can apply to the court where the registrar sits, which decides after a short hearing (Marriage Law, Art. 21(2) to (4)).

Certain marriages are barred outright: between blood relatives in the direct line, between siblings, between an uncle or aunt and a nephew or niece, between in-laws and step-relatives, between milk relatives, and between persons whose religion or other rules forbid it (Art. 8). A person already married cannot marry again except under the polygamy rules (Art. 9), and spouses who divorced and remarried each other and divorced a second time cannot marry a third time unless their religion allows it (Art. 10). A marriage may be annulled if the conditions are not met (Art. 22); celebration before an unauthorised registrar, with an invalid guardian or without two witnesses can be challenged by ascendants, a prosecutor or a spouse (Art. 26(1)), and a spouse who was threatened or mistaken about the other's identity loses the right to seek annulment after living together for six months (Art. 27(3)). Annulment does not reach back to the children of the marriage (Art. 28(2)(a)).

Couples with a foreign partner are covered by Articles 57 to 62: a mixed marriage celebrated in Indonesia follows this Law (Art. 59(2)), the competent authority of each party must certify that the conditions are met, the certificate lapses after six months (Art. 60(1), (2) and (5)). The 1974 text punishes marrying without it with detention (kurungan) of up to one month (Art. 61(2)); since 2 January 2026 Law No. 1 of 2026 turns sole detention penalties of less than six months in statutes outside the Criminal Code into fines of up to category I, Rp 1 million (Art. II(1)(a)). A foreigner married to an Indonesian may apply for citizenship after five consecutive or ten non-consecutive years of residence unless this produces dual nationality, and may otherwise be given a permanent stay permit (Citizenship Law, Art. 19); the Immigration Law lists family members through a mixed marriage among those who may hold a permanent stay permit (Art. 54(1)(b)) and makes an integration statement to the Government one of its conditions (Art. 1(22)).

Key points

PartnersOne man and one woman (Marriage Law, Art. 1)
Minimum age19 for both sexes (Art. 7(1) as replaced by Law No. 16 of 2019); before 15 October 2019 it was 19 for men and 16 for women
Dispensation below 19Parents ask the Religious Court (Muslims) or District Court (others) for very urgent reasons; the court hears both intended spouses (Art. 7(2) and (3) and elucidation)
Parental permissionBoth parents for anyone under 21; a court can authorise if they disagree (Art. 6(2) to (5))
Notice to the registrarAt least 10 working days before the wedding (Government Regulation 9/1975, Art. 3(2)); wedding after the tenth day from the announcement (Art. 10(1))
WitnessesTwo, with the registrar present (Government Regulation 9/1975, Art. 10(3))
Where recordedKUA for Muslims, civil registry for others; civil-registry report within 60 days (Law 23/2006, Art. 34(1) and (4)); KUA passes its data on within 10 days (Art. 34(5))
Registration feeNone at or outside the KUA; Rp 600,000 for transport and professional services when the ceremony is held outside the KUA office, nothing for people unable to pay (Government Regulation 59/2018, Arts. 5 and 7(2) and Annex II)
Marriage celebrated abroadValid if lawful where held and consistent with the Marriage Law (Art. 56(1)); report to the civil registry within 30 days of returning (Law 23/2006, Art. 37(4))

In practice

  • Give notice at the KUA (Muslim couple) or the civil registry (others) of the place where you will marry, at least 10 working days ahead, with birth certificates or a village head's statement of age, the parents' names and religion, and a death or divorce certificate if either of you was married before (Government Regulation 9/1975, Arts. 3 and 6).
  • If either of you is under 19, the parents file the dispensation request at the Religious Court or District Court with the document proving age and a health worker's statement supporting the urgency; both of you are heard (Law 16/2019, Art. 7(2) and (3) and elucidation).
  • If either of you is under 21, bring the written permission of both parents, or a court authorisation if they disagree (Marriage Law, Art. 6).
  • With a foreign partner, obtain from the partner's competent authority a certificate that the conditions for marriage are met and marry within six months of its date (Marriage Law, Art. 60); if the registrar refuses to issue or accept one, the court decides without appeal (Art. 60(3)).
  • After a non-Muslim wedding, report it to the civil registry within 60 days to obtain the marriage certificate excerpt, one for each spouse (Law 23/2006, Art. 34(1) to (3)); for a Muslim couple the KUA does the recording and forwards the data.

Cost and coverage

Government Regulation 59/2018 charges nothing to record a marriage, whether at the KUA or elsewhere, but adds Rp 600,000 per marriage held outside the KUA office to cover transport and professional services, a charge that can be set at zero for people who cannot afford it; no court fee schedule for dispensation petitions was found in the texts opened for this page.

Recent changes

An article by a Religious Court chief judge, published on 16 July 2024 on the Directorate General of Religious Courts' English site, counts 52,395 marriage dispensation petitions heard by the Religious Courts in 2022 and 43,083 in 2023, a fall of almost 10,000; on 2 February 2026 the Constitutional Court declined to rule on a further challenge to Article 2(1) of the Marriage Law because the petition was unclear (decision 265/PUU-XXIII/2025), after rejecting an earlier one on 31 January 2023.

Where to go

  • The Office of Religious Affairs in the sub-district (KUA) for Muslim marriages, and the district or city population and civil registration office for all others (Law 23/2006, Art. 34).
  • The Religious Court (Muslims) or District Court (others) for age dispensations, for permission to marry under 21 where parents disagree, and for challenges to a registrar's refusal.
  • The sub-district head (Camat), who can shorten the 10-working-day notice for an important reason (Government Regulation 9/1975, Art. 3(3)).
  • The Indonesian representation abroad, which records a marriage of Indonesians where the local state does not register foreigners (Law 23/2006, Art. 37(2) and (3)).

Worth knowing

The Compilation of Islamic Law, Art. 15(1), still recites the old ages of 19 for men and 16 for women, which Article 7(1) of the Marriage Law no longer says since 2019; a 19- or 20-year-old still needs both parents' permission under Article 6(2).

Frequently asked questions

Can a 17-year-old marry in Indonesia?

Only with a court dispensation: Article 7(1) sets 19 for both sexes, and Article 7(2) lets the parents ask the Religious Court or District Court to depart from it for very urgent reasons with sufficient evidence, after the court has heard both intended spouses, and the elucidation commits the Government to information work against early marriage.

Is a marriage valid if it was never registered?

The Marriage Law makes a marriage valid when it follows the parties' religion (Art. 2(1)) and separately requires recording (Art. 2(2)); the Constitutional Court said in 2012 that registration is an administrative duty and does not decide validity, whereas the Compilation says a marriage outside the registrar's supervision has no legal force (Art. 6(2)) and can be proved only by the marriage certificate or, failing that, an isbat nikah ruling (Art. 7).

Can a foreigner marry an Indonesian in Indonesia?

Yes: Article 59(2) applies the Marriage Law to mixed marriages celebrated in Indonesia and Article 35(b) of Law 23/2006 lets the foreigner ask for it to be recorded, but the wedding must follow the religion of each party and the certificate under Article 60 is required.

Sources

The general article: Marriage · Compare with another country

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