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Indonesia: getting married, divorce and civil partnership

Indonesia has one national marriage statute, Law No. 1 of 1974, but a marriage is valid only if it follows the religion of the spouses: Muslims marry before a registrar of the Office of Religious Affairs under the Compilation of Islamic Law and divorce in the Religious Courts, while everyone else registers with the civil registry and divorces in the district courts. The minimum age has been 19 for both sexes since 15 October 2019, the Criminal Code in force since 2 January 2026 punishes sex outside marriage and cohabitation only on a family member's complaint, and Aceh applies its own Islamic criminal qanun to Muslims.

Illustration: Marriage, partnership and divorce
Location map — Indonesia
Indonesia. Simplified location map — Natural Earth data, public domain.

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.

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)

Full detail: Marriage

Partnerships and cohabitation

The statutes opened for this page recognise only marriage between one man and one woman (Marriage Law, Arts. 1 and 2) and give no status to unmarried couples. Article 412(1) of the Criminal Code, in force since 2 January 2026, punishes 'living together as husband and wife outside marriage' with at most six months' imprisonment or a category II fine, and its elucidation says it displaces any lower-ranking regulation on cohabitation unless a special law provides otherwise. In Aceh Muslims are instead subject to the Jinayat Qanun, a separate regime described below.

The Criminal Code was enacted on 2 January 2023 and applies three years later (Art. 624). Prosecution for cohabitation requires a complaint from the spouse when one of the couple is married, or from a parent or child when neither is (Art. 412(2)); the complaint can be withdrawn until the examination at trial has begun (Art. 412(4)). Article 412(3) sets aside the general rules on who complains for a child or a person under guardianship (Arts. 25 and 26) and on withdrawal within three months (Art. 30), but not the general time limit of six months from the day the entitled person learns of the offence, nine months if abroad (Art. 29). Article 411 treats sexual intercourse with someone who is not one's spouse as adultery, punishable by up to one year or a category II fine (Rp 10 million, Art. 79(1)(b)) on the same complaint rules; the elucidation explains that, for Art. 411(2), 'child' means a natural child aged at least 16. In decision 46/PUU-XIV/2016 of 14 December 2017 the Constitutional Court, with four judges dissenting, rejected a petition asking it to widen the old Code's offences of adultery, rape and sexual acts with a minor.

A couple married only in a religious ceremony, without a certificate, can ask the Religious Court (for Muslims) for an isbat nikah ruling. The Compilation of Islamic Law lists the grounds: a marriage claimed in the course of a divorce, a lost certificate, doubt about whether a condition of the marriage was met, a marriage before the 1974 Law, or a marriage of persons with no impediment under the Law (Art. 7(3)); spouses, their children, the marriage guardian and interested parties may apply (Art. 7(4)). The Population Administration Law requires a court ruling before a marriage that cannot be proved by a certificate is recorded (Art. 36). The Compilation also says a marriage held outside the registrar's supervision has no legal force (Art. 6(2)), whereas the Constitutional Court held in 2012 that registration is an administrative duty and does not decide validity.

Children are treated according to the parents' marriage. A legitimate child is one born in or as a result of a valid marriage (Marriage Law, Art. 42), and under Article 43(1) a child born outside marriage has a civil relationship only with the mother and her family. In decision 46/PUU-VIII/2010 of 17 February 2012 the Constitutional Court held that this is unconstitutional insofar as it removes the civil relationship with a man proven by science, technology or other legal evidence to be the biological father. The origin of a child without a birth certificate is fixed by a court ruling, after which the birth registry issues the certificate (Art. 55).

In Aceh, the Qanun applies to every Muslim who commits a listed offence there (Art. 5(a)), and Muslim family matters go to the Mahkamah Syar'iyah, which forms part of the Religious Court system (Law 11/2006, Art. 128). The Qanun punishes khalwat, being alone together in a closed or hidden place for two unmarried people of different sex who are not close relatives, with up to 10 lashes, up to 100 grams of pure gold or up to 10 months in prison (Art. 23(1)); ikhtilath, affectionate contact between an unmarried man and woman, with up to 30 lashes, 300 grams of gold or 30 months (Art. 25(1)); and zina, consensual intercourse between a man and a woman outside marriage, with 100 lashes (Art. 33(1)). Khalwat cases within the jurisdiction of customary courts are settled under the Aceh customary rules (Art. 24), and a woman who is pregnant outside marriage cannot be accused of zina without sufficient evidence (Art. 36).

Key points

Registered partnershipNone; the statutes recognise marriage only (Marriage Law, Arts. 1 and 2)
Cohabitation outside marriageUp to 6 months or a category II fine of Rp 10 million (Criminal Code, Art. 412(1); Art. 79(1)(b))
Who may complainThe spouse of a married party; a parent or child of an unmarried party (Art. 412(2)); withdrawal until trial begins (Art. 412(4))
Sex outside marriage (adultery)Up to 1 year or a category II fine, on complaint (Art. 411)
Entry into force2 January 2026 (Criminal Code enacted 2 January 2023; Art. 624)
Unrecorded religious marriageProved by an isbat nikah ruling of the Religious Court (Compilation, Art. 7(2) to (4)); a court ruling is needed before civil recording (Law 23/2006, Art. 36)
Child born outside marriageCivil bond with the mother and her family (Marriage Law, Art. 43(1)), and with the biological father when proven (Constitutional Court, 17 February 2012)
Aceh: khalwatUp to 10 lashes, 100 grams of pure gold or 10 months (Qanun 6/2014, Art. 23(1))
Aceh: zina100 lashes (Qanun 6/2014, Art. 33(1)); applies to Muslims in Aceh (Art. 5(a))

In practice

  • To have an unrecorded religious marriage recognised, file an isbat nikah petition at the Religious Court of your residence, stating which ground of Article 7(3) of the Compilation applies and attaching proof of the religious ceremony; once the court has ruled, the marriage can be recorded by the KUA or the civil registry (Compilation, Art. 7; Law 23/2006, Art. 36).
  • To fix a child's descent, ask the court for a ruling on the child's origin and use it to obtain a birth certificate from the registry of the court's district (Marriage Law, Art. 55(2) and (3)); where the father is not the mother's husband, the 2012 Constitutional Court ruling lets the civil relationship be proved by science, technology or other legal evidence.
  • If a complaint is filed, check who filed it: Article 412(2) accepts only a spouse (where one of the couple is married) or a parent or child (where neither is), and the complainant can withdraw it until the examination at trial has begun (Art. 412(4)).

Recent changes

The Criminal Code's articles on adultery and cohabitation became enforceable on 2 January 2026, three years after the Code was promulgated (Art. 624).

Where to go

  • The Religious Court (Muslims) in the district of residence, for isbat nikah and rulings on a child's origin; the District Court for others.
  • The KUA or the civil registry, to record the marriage after the court's ruling.
  • In Aceh, the Mahkamah Syar'iyah for Muslims and the customary courts for the khalwat cases assigned to them (Qanun 6/2014, Art. 24; Law 11/2006, Art. 128).

Worth knowing

The Criminal Code's rules and the Aceh Qanun belong to different regimes: the Code covers all of Indonesia and requires a complaint from a family member, while the Qanun applies to Muslims in Aceh and to non-Muslims there only in the cases of Article 5(b) and (c).

Frequently asked questions

Can an unmarried couple live together in Indonesia?

Living together as husband and wife outside marriage is an offence under Article 412 of the Criminal Code, in force since 2 January 2026, punishable by up to six months or a Rp 10 million fine, but it can only be prosecuted on a complaint by a spouse (if one of the couple is married) or a parent or child (if neither is), and the complaint can be withdrawn before trial.

Does living together for years turn a couple into a married couple?

No provision of the Marriage Law, Government Regulation 9/1975 or the Compilation opened for this page turns cohabitation into marriage; validity depends on a ceremony under the parties' religion (Art. 2(1)), and a religious marriage lacking a certificate is proved by an isbat nikah ruling.

Sources

The general article: Partnerships and cohabitation · Compare with another country

Same-sex marriage

Article 1 of the Marriage Law defines marriage as an inner and outer bond between a man and a woman as husband and wife, and the Compilation of Islamic Law, which the Religious Courts use as a guide for Muslims, speaks of the 'prospective husband' and 'prospective wife' (Art. 14). The state registers only marriages valid under the spouses' religion (Marriage Law, Art. 2; Law 23/2006, Art. 34), so no registry or court procedure exists for a same-sex couple. The criminal law has two layers: the national Criminal Code, in force since 2 January 2026, and the Aceh Qanun, which applies to Muslims in Aceh.

The national Criminal Code has no article that makes same-sex relations as such an offence. Its adultery article (Art. 411) is defined in the elucidation through combinations of a man and a woman, its cohabitation article (Art. 412) speaks of living together 'as husband and wife', and its offence of obscene acts in public covers acts against another person 'of a different or the same sex' with up to one year and six months or a category III fine of Rp 50 million (Art. 414(1)(a)). Acts committed by force or by threat of force against another person of either sex carry up to nine years (Art. 414(1)(b)). On 14 December 2017 the Constitutional Court, by five judges to four, rejected a petition asking it to widen the offences of the old Code in this field (decision 46/PUU-XIV/2016).

In Aceh, Law No. 11 of 2006 lets the province apply Islamic law through qanuns, and Muslims in Aceh are subject to Qanun No. 6 of 2014 (Art. 5(a)); the Qanun came into force one year after its promulgation on 23 October 2014. Articles 63 and 64 define and punish consensual same-sex sexual conduct between men (liwath) and between women (musahaqah), each with up to 100 lashes, up to 1,000 grams of pure gold or up to 100 months in prison; a repeat offence carries 100 lashes and may add up to 120 grams of gold or 12 months, and conduct with a child may add up to 100 lashes, 1,000 grams of gold or 100 months. A non-Muslim is covered if the offence is committed together with a Muslim and the non-Muslim voluntarily submits to the Qanun, or if it is not covered by the Criminal Code (Art. 5(b) and (c)).

On marriages concluded abroad, Article 56(1) of the Marriage Law accepts a marriage of an Indonesian citizen only if it follows the law of the country where it took place and 'does not violate this Law'; the Law's own definition is one man and one woman. The Constitutional Court has rejected both challenges to the religious-law test of validity brought so far (decisions 68/PUU-XII/2014 of 18 June 2015 and 24/PUU-XX/2022 of 31 January 2023), and the Population Administration Law (Art. 34) records marriages valid under the Marriage Law. The sources opened did not contain a ruling on a same-sex marriage celebrated abroad.

Key points

MarriageA bond between a man and a woman (Marriage Law, Art. 1)
Registered partnership or civil unionNone provided for in the statutes opened for this page
National Criminal CodeNo article making same-sex relations an offence as such; adultery (Art. 411) is explained through man-woman combinations and cohabitation (Art. 412) is worded as living 'as husband and wife'
Obscene acts in publicAgainst a person of the same or a different sex: up to 1 year 6 months or a category III fine of Rp 50 million (Criminal Code, Art. 414(1)(a))
Constitutional Court, 14 December 20175 to 4 against widening the old Code's offences (46/PUU-XIV/2016)
Aceh (Muslims)Consensual same-sex conduct: up to 100 lashes, 1,000 g of pure gold or 100 months in prison (Qanun 6/2014, Arts. 63(1) and 64(1))
Aceh, repeat offence100 lashes, possibly plus up to 120 g of gold or 12 months (Arts. 63(2) and 64(2))
Who the Qanun coversMuslims in Aceh; non-Muslims only in the cases of Art. 5(b) and (c); court: Mahkamah Syar'iyah (Law 11/2006, Art. 128)
Marriage celebrated abroadAccepted only if it follows local law and does not violate the Marriage Law (Art. 56(1))

Worth knowing

In 2017 the Constitutional Court reasoned that the petitioners were asking it to formulate new offences and change basic principles of criminal law, and four of the nine judges dissented; the Criminal Code and the Aceh Qanun are separate regimes, and an Aceh resident who acts outside Aceh is under the Criminal Code rather than the Qanun (Law 11/2006, Art. 129(3)).

Frequently asked questions

Can a same-sex couple marry or register a partnership in Indonesia?

No. The Marriage Law defines marriage as a bond between a man and a woman (Art. 1), validity depends on the religion of both spouses (Art. 2(1)), and no statute opened for this page creates a partnership status.

Does the national Criminal Code punish same-sex relations?

The Code in force since 2 January 2026 has no article making them an offence as such; its adultery elucidation lists man-woman combinations, its cohabitation article speaks of living 'as husband and wife', and it punishes obscene acts in public against a person of the same or a different sex (Art. 414(1)(a)).

What is the position in Aceh?

Qanun No. 6 of 2014 punishes consensual same-sex conduct between Muslims with up to 100 lashes, 1,000 grams of pure gold or 100 months in prison (Arts. 63 and 64), applied by the Mahkamah Syar'iyah to Muslims in Aceh (Art. 5(a); Law 11/2006, Art. 128).

Sources

The general article: Same-sex marriage · Compare with another country

Religious ceremony

Article 2(1) of the Marriage Law makes a marriage valid when it is carried out under the law of each party's religion and belief, and Article 8(f) bars marriage between persons whose religion or other applicable rules forbid it. The registrar applies the religious rules of the parties (Government Regulation 9/1975, Art. 10(2)); for Muslims the Compilation of Islamic Law, issued by Presidential Instruction No. 1 of 1991 as a guide for government bodies and the public, supplies those rules. Followers of belief traditions have had their own recording procedure since 2019.

The Compilation lists five elements of a Muslim marriage: groom, bride, marriage guardian, two witnesses, and the offer and acceptance (ijab and kabul) (Art. 14). The guardian must be a Muslim man of age and sound mind (Art. 20(1)), chosen from four ranked groups of male relatives of the bride, with a state-appointed guardian (wali hakim) only when none can act, or after a Religious Court ruling if the guardian refuses (Arts. 21 to 23); the two witnesses must be Muslim men of good character who are present throughout and sign the deed (Arts. 24 to 26). Consent of both prospective spouses is required, and a woman's consent can be silence if she does not clearly refuse (Art. 16(2)); the registrar asks each in front of the witnesses (Art. 17). The groom must pay a mahar (Art. 30), which is the bride's own property (Art. 32) but is not a pillar of the marriage (Art. 34(1)). A pregnant woman may marry the man who made her pregnant without waiting for the birth, and no second ceremony is needed afterwards (Art. 53).

Interfaith marriage is excluded on every route. The Compilation bars a Muslim man from marrying a non-Muslim woman (Art. 40(c)) and a Muslim woman from marrying a non-Muslim man (Art. 44), and it allows religious difference as a ground to prevent a marriage (Art. 61). The Constitutional Court rejected a challenge to Article 2(1) of the Marriage Law on 18 June 2015 (68/PUU-XII/2014) and one to Articles 2 and 8(f) on 31 January 2023 (24/PUU-XX/2022); in the second decision it said the Population Administration Law's mention of 'marriages determined by a court', which the elucidation to Article 35(a) links to marriages between people of different religions, is an administrative rule and does not mean the state recognises such marriages, and that validity remains tied to Article 2(1). A further petition against Article 2(1) was declared inadmissible on 2 February 2026 because it was unclear (265/PUU-XXIII/2025).

Non-Muslim couples marry before their own religious officiant and are then recorded by the civil registry; Government Regulation 9/1975 gives the civil registry the role of recording marriages 'under their religion and belief other than Islam' (Art. 2(2)). Followers of belief traditions follow Government Regulation No. 40 of 2019: the marriage is held before a leader of a belief organisation registered with the competent ministry, who signs a marriage certificate, and the couple records it with the civil registry within 60 days (Arts. 39 and 40). Separately, Constitutional Court decision 97/PUU-XIV/2016 of 7 November 2017 held that the word 'religion' in the family-card and identity-card articles of the Population Administration Law (Arts. 61(1) and 64(1)) must include 'belief'.

Polygamy is exceptional under both layers of law. The Marriage Law lets a court allow a husband more than one wife only if the wife cannot perform her duties, has an incurable disability or illness, or cannot bear children (Art. 4(2)), and only with the wife's consent, proof that he can support all wives and children, and a guarantee of fair treatment (Art. 5(1)); the wife's consent is not needed if she cannot be asked or has given no news for at least two years (Art. 5(2)). Government Regulation 9/1975 requires a written petition, a hearing within 30 days at which the wife is heard, and forbids the registrar to record the marriage before the court's permission (Arts. 40 to 44); a husband who fails to petition risks a fine of up to Rp 7,500 (Art. 45(1)(a)). For Muslims the Compilation adds a ceiling of four wives, a ban where fairness cannot be met (Art. 55), no legal force for a further marriage made without the Religious Court's permission (Art. 56(3)) and annulment on petition (Art. 71(a)). In the 2017 survey, less than 1% of married men aged 15 to 54 reported having more than one wife.

Key points

ValidityMarriage under the law of each party's religion and belief, and recorded (Marriage Law, Art. 2(1) and (2))
Elements of a Muslim marriageGroom, bride, guardian, two witnesses, offer and acceptance (Compilation, Art. 14)
Witnesses at a Muslim marriageTwo Muslim men of good character who attend and sign (Compilation, Arts. 24 to 26)
MaharObligatory for the groom, paid to the bride, not a pillar of the marriage (Compilation, Arts. 30, 32 and 34)
Interfaith marriageBarred for Muslim men and women (Compilation, Arts. 40(c) and 44); Marriage Law, Art. 8(f)
Polygamy for MuslimsAt most four wives, with the Religious Court's permission; without it no legal force (Compilation, Arts. 55 and 56(3))
Non-MuslimsRecorded by the civil registry (Government Regulation 9/1975, Art. 2(2); Law 23/2006, Art. 34)
Belief followersMarriage before a registered belief leader; recording within 60 days (Government Regulation 40/2019, Arts. 39 and 40)
Constitutional Court on Article 2(1)Rejected 18 June 2015 and 31 January 2023; a 2025 petition inadmissible on 2 February 2026

In practice

  • For a Muslim marriage, arrange for the bride's marriage guardian to be present or to delegate in advance (Compilation, Arts. 19 and 28), bring two Muslim male witnesses (Arts. 24 and 25), and agree the amount and form of the mahar before the ceremony (Arts. 30 and 31).
  • If the guardian is absent, unknown or refuses without reason, ask the Religious Court for a ruling that allows the state-appointed guardian (wali hakim) to act (Compilation, Art. 23(2)).
  • A couple of different faiths should expect the registrar to refuse under Articles 8(f), 20 and 21 of the Marriage Law, after which the parties may apply to the court of the registrar's seat (Art. 21(3)); the elucidation to Article 35(a) of Law 23/2006 ties 'marriages determined by a court' to such couples, but in 2023 the Constitutional Court called that an administrative recording rule and not a recognition of interfaith marriage.
  • A Muslim man planning a further marriage must apply to the Religious Court first, listing the grounds in Article 57 and the conditions in Article 58 of the Compilation, and the court must hear the existing wife (Art. 59).

Recent changes

On 2 February 2026 the Constitutional Court ruled inadmissible a new petition against Article 2(1) of the Marriage Law (265/PUU-XXIII/2025), and on 17 June 2026 it rejected a challenge to Article 34(1) and (2), the husband's duty to protect his wife and provide for the household and the wife's duty to manage it (159/PUU-XXIV/2026), finding no discrimination in the difference in wording.

Where to go

  • The KUA registrar of the sub-district, for the supervised ceremony of Muslim couples (Compilation, Art. 6).
  • The civil registry office, for non-Muslim couples and for belief followers.
  • The Religious Court, for permission to take another wife, for a ruling on a refusing guardian and for isbat nikah petitions (Law 7/1989 as amended by Law 3/2006, Art. 49 and elucidation).
  • In Aceh, the Mahkamah Syar'iyah (Law 11/2006, Art. 128).

Worth knowing

The Compilation reached the public by Presidential Instruction 1/1991, which describes it as guidance for government bodies and the public, not by an Act of Parliament; the Marriage Law and its regulations remain the statutes that cover all faiths.

Frequently asked questions

Can two people of different religions marry in Indonesia?

Not under the law as applied by registrars: Article 2(1) of the Marriage Law ties validity to each party's religion, Article 8(f) bars marriages that religion forbids, and for Muslims the Compilation bars marriage between a Muslim and a non-Muslim (Arts. 40(c) and 44); the Constitutional Court declined to change this on 18 June 2015 and 31 January 2023.

Does a church or temple wedding need a separate civil ceremony?

Not a second ceremony: the wedding is celebrated under the couple's religion (Art. 2(1)), and the marriage is then reported to the civil registry within 60 days (Law 23/2006, Art. 34(1)); Government Regulation 9/1975 provides for the registrar's presence and two witnesses at the wedding itself (Art. 10(3)).

Is a mahar required for a Muslim marriage to be valid?

The groom must pay it (Art. 30), but failure to name its type or amount at the ceremony does not make the marriage void, and an unpaid mahar remains a debt of the groom (Arts. 33(2) and 34).

Sources

The general article: Religious ceremony · Compare with another country

Wedding customs and ceremonies

The general elucidation to the Marriage Law lists the different marriage rules that applied to different groups before 1974: religious law as received into adat for indigenous Muslims, adat law for other indigenous people, a 1933 ordinance for Christians, the Civil Code with small changes for the Chinese, the Civil Code for Europeans, and adat for other Asian groups. Article 66 declared the Civil Code, the Christian marriage ordinance and the mixed-marriage regulation of 1898 inoperative so far as the new Law regulates the matter, and Article 64 kept marriages concluded under the old rules valid. What remains of adat is therefore defined by the national statutes.

The Marriage Law refers to adat directly in one place. When a marriage ends in divorce, joint property is governed 'by its own law' (Art. 37), and the elucidation says 'its own law' means religious law, adat law and other laws. Article 35 sets the starting rule, that property acquired during the marriage is joint and each spouse keeps what they brought in or received as a gift or inheritance. The elucidation to Article 7(3) of the amended Law adds that a court granting an age dispensation must act in the spirit of preventing child marriage and weigh moral, religious, adat and cultural considerations, psychological and health aspects and the consequences.

Customary engagement and marriage payments are regulated only through the Compilation of Islamic Law, for Muslims. An engagement has no legal effect and either party can end it, in a good way according to religion and local custom (Art. 13); the groom owes a mahar whose type and amount the parties agree, with preference for simplicity (Arts. 30 and 31), given directly to the bride as her own property (Art. 32), which may be deferred and then stays a debt (Art. 33(2)), is not a pillar of the marriage and does not void it if unpaid or unspecified (Art. 34), and is halved if the husband divorces her before consummation (Art. 35(1)). The opened sources contain no statute on other regional payments or exchanges of gifts at weddings, so none is described here.

The 2023 Criminal Code keeps a place for customary norms: Article 2(1) lets 'living law' justify punishment for conduct the Code does not list, but only where that law lives, only if the Code does not cover the matter and only if it fits Pancasila, the Constitution, human rights and general legal principles (Art. 2(2)); a Government Regulation is to set the procedure and criteria (Art. 2(3)). The Code became enforceable on 2 January 2026. In Aceh, cases of khalwat within the jurisdiction of the customary courts are settled under Aceh's customary rules (Qanun 6/2014, Art. 24). Law No. 12 of 2022 punishes forcing someone into a marriage or letting it be done to them with up to nine years in prison and/or a fine, set since 2 January 2026 at up to category VI, Rp 2 billion (Art. 10(1) as adjusted by Law No. 1 of 2026, Annex I), and counts as forced marriage a marriage of a child, a marriage imposed 'in the name of cultural practice' and a marriage of a victim to the perpetrator of rape (Art. 10(2)).

The 2017 Demographic and Health Survey describes how marriage practice varies. Women aged 25 to 49 married at a median age of 20.8 and currently married men aged 25 to 49 at 24.6; urban women married 2.2 years later than rural women (21.9 against 19.7); median age rose from 17.6 for women with no education to 22.6 for those with more than secondary education; and less than 1% of married men aged 15 to 54 had more than one wife. Seventy-two percent of women aged 15 to 49 were married or living with a partner.

Key points

Source of validityThe spouses' religion and belief, not adat (Marriage Law, Art. 2(1))
Pre-1974 rulesCivil Code, 1933 Christian ordinance and 1898 mixed-marriage rules inoperative where the Law regulates (Art. 66); old marriages stay valid (Art. 64)
Property after divorceGoverned by 'its own law': religious law, adat law and other laws (Art. 37 and elucidation)
EngagementNo legal effect; either party may end it (Compilation, Art. 13)
MaharPayable by the groom, agreed amount, simplicity preferred; not a pillar and not a condition of validity (Compilation, Arts. 30, 31 and 34)
Age dispensationCourt weighs moral, religious, adat and cultural factors with child-protection aims (Law 16/2019 elucidation, Art. 7(3))
Living law in criminal lawMay ground liability only if consistent with Pancasila, human rights and the Constitution (Criminal Code, Art. 2)
Forced marriageUp to 9 years and/or a category VI fine (Rp 2 billion), including 'in the name of cultural practice' and child marriage (Law 12/2022, Art. 10; Law 1/2026, Annex I)
Median age at first marriage, women 25-4921.9 urban, 19.7 rural (2017 Demographic and Health Survey)

Who to ask

  • The Religious Court (Muslims) or District Court (others), for property disputes after divorce, where adat may be part of the applicable law (Marriage Law, Art. 37).
  • In Aceh, the customary courts for the khalwat cases assigned to them (Qanun 6/2014, Art. 24).

Worth knowing before you take part

The Criminal Code's 'living law' clause depends on a Government Regulation on procedure and criteria (Art. 2(3)); the sources opened for this page did not show one, so no customary offence is described here.

Frequently asked questions

Is a traditional (adat) wedding legally valid on its own?

Not by itself: Article 2(1) of the Marriage Law requires the ceremony to follow the religion and belief of the parties, and Article 2(2) requires recording; followers of a belief tradition whose organisation is registered can marry before its registered leader and record the marriage within 60 days (Government Regulation 40/2019, Arts. 39 and 40).

Does a mahar make a Muslim marriage valid?

The groom must pay one, but it is not a pillar of the marriage, and failing to name or pay it does not void the marriage (Compilation, Arts. 30 and 34).

Is forcing someone into marriage in the name of custom a crime?

Yes: Article 10 of Law No. 12 of 2022 punishes forced marriage with up to nine years and/or a fine, now up to category VI (Rp 2 billion) after Law No. 1 of 2026, and lists marriage imposed 'in the name of cultural practice' among the forms.

Sources

The general article: Wedding customs and ceremonies · Compare with another country

Matrimonial property and inheritance

Article 35 of the Marriage Law divides property into joint property, acquired during the marriage, and personal property, which is what each spouse brought in or received as a gift or inheritance and which they manage themselves unless the parties agreed otherwise (Art. 35(1) and (2)). For joint property a spouse may act only with the other's consent, while personal property may be dealt with freely by its owner (Art. 36). On divorce, joint property is divided under 'its own law' (Art. 37), which the elucidation reads as religious law, adat law or other law; for Muslims that law is the Compilation of Islamic Law.

The Compilation of Islamic Law, applied by the Religious Courts, restates the same structure. A joint estate coexists with each spouse's own property (Arts. 85 to 87), the husband and the wife are each responsible for guarding the joint property (Arts. 89 and 90), and neither may sell or transfer it without the other's consent (Art. 92). Debts for the family's benefit are paid from joint property, then from the husband's property, then from the wife's (Art. 93(2) to (4)); personal debts fall on the debtor's own property (Art. 93(1)). Either spouse may ask the Religious Court to place a security attachment on joint property without filing for divorce if the other endangers it by gambling, drinking or extravagance (Art. 95(1)). If a marriage ends by death, half of the joint property belongs to the surviving spouse (Art. 96(1)); on divorce, each former spouse is entitled to half unless the marriage agreement says otherwise (Art. 97 and Art. 157).

A husband with more than one wife has a separate joint estate with each, counted from the date of each marriage (Compilation, Art. 94), and the Marriage Law's rule for polygamous marriages, unless the court that gave permission decides otherwise, is that a second or later wife has no claim to joint property that existed before her marriage while every wife has the same rights over the joint property arising since her own marriage (Art. 65(1)(b) and (c) and (2)). A divorce claim does not have to include the property: the Religious Courts Law lets claims about custody, child and wife maintenance and joint property be filed with the divorce case or after the divorce has become final (Art. 86(1)), and a third party's claim to the same property delays the joint-property case (Art. 86(2)); while a divorce case is pending, Government Regulation 9/1975 lets the court order measures to keep the spouses' property from being wasted (Art. 24(2)(c)).

A marriage agreement is the usual way to depart from these rules. Article 29 of the Marriage Law, as originally worded, allowed a written agreement endorsed by the registrar only before or at the time of the marriage, in force from the wedding, and changeable during the marriage only if both agreed and third parties were not harmed. In decision 69/PUU-XIII/2015, pronounced on 27 October 2016, the Constitutional Court read Article 29 so that the parties may also make the written agreement during the marriage, endorsed by the registrar or a notary and binding on third parties so far as they are concerned; it takes effect from the wedding unless the agreement says otherwise, and it may be changed or revoked during the marriage if both agree and third parties are not harmed. The Compilation adds that a property agreement may mix or separate the spouses' earnings, may not remove the husband's duty to meet household needs (Arts. 47 and 48), binds third parties from the date of the marriage (Art. 50(1)), and that a breach gives the wife the right to ask for annulment or use it as a ground for divorce (Art. 51).

Mixed-nationality couples face a land-law rule. Under Article 21 of the Basic Agrarian Law only Indonesian citizens can hold ownership rights (hak milik); a foreigner who acquires one through inheritance without a will or through the mixing of property in marriage, and an Indonesian owner who loses citizenship, must give it up within one year or it lapses to the State (Art. 21(3)), and an Indonesian who also holds a foreign nationality cannot own such land (Art. 21(4)). The World Bank's 2024 country sheet records that women and men have equal administrative power over immovable property under Articles 35 and 36 of the Marriage Law, that the law provides for valuing non-monetary contributions (Art. 35), and that the Compilation does not give sons and daughters (Art. 176) or surviving husbands and wives (Arts. 179 and 180) equal inheritance shares.

Key points

Joint propertyProperty acquired during the marriage (Marriage Law, Art. 35(1))
Personal propertyWhat each spouse brought in or received as a gift or inheritance, managed by the owner unless agreed otherwise (Art. 35(2))
Dealing with joint propertyOnly with both spouses' consent (Art. 36(1); Compilation, Art. 92); personal property freely (Art. 36(2))
Division on divorce'Its own law': religious, adat or other law (Art. 37 and elucidation); half each for a Muslim couple unless the agreement says otherwise (Compilation, Art. 97)
On death of a spouseHalf of the joint property belongs to the surviving spouse (Compilation, Art. 96(1))
Marriage agreementWritten, endorsed by a registrar or notary, before or during the marriage since the ruling of 27 October 2016 (Marriage Law, Art. 29 as read in 69/PUU-XIII/2015)
Polygamous marriagesA separate joint estate for each wife, counted from the date of her marriage (Compilation, Art. 94)
Property claims in a divorce caseMay be filed with the divorce or after it is final (Religious Courts Law, Art. 86(1))
Foreign spouse and landOwnership rights acquired through marital property mixing must be given up within one year (Basic Agrarian Law, Art. 21(3))

In practice

  • To keep the spouses' earnings separate, sign a marriage agreement in writing before a notary or the registrar; since 27 October 2016 this can be done during the marriage too, and a change needs both spouses' consent and must not harm third parties (Constitutional Court, 69/PUU-XIII/2015). It cannot excuse the husband from household expenses in a Muslim marriage (Compilation, Art. 48).
  • Keep records showing when and by whom each asset was acquired: joint property is whatever was acquired during the marriage (Art. 35(1)), while gifts, inheritances and things brought in stay personal (Art. 35(2)).
  • If the other spouse endangers joint property before any divorce is filed, a Muslim spouse may ask the Religious Court for a security attachment (Compilation, Art. 95(1)).
  • Claim the division of joint property together with the divorce, or afterwards, from the court that handled it (Religious Courts Law, Art. 86(1)); a foreign spouse who ends up holding an ownership right through inheritance or marital property mixing must give it up within one year (Basic Agrarian Law, Art. 21(3)).

Where to go

  • A notary or the registrar of the KUA or civil registry, to endorse a marriage agreement (Marriage Law, Art. 29 as read by the Constitutional Court).
  • The Religious Court (Muslims) for joint-property claims, security attachments and divorce-related property claims (Compilation, Arts. 88 and 95; Religious Courts Law, Arts. 66(5) and 86).
  • The District Court for other couples (Marriage Law, Art. 63(1)(b)), and for ownership disputes involving third parties (Religious Courts Law, Art. 86(2); Law 3/2006, Art. 50).

Worth knowing

Article 37 of the Marriage Law leaves the division of property after divorce to religious, adat or other law, so the rule differs between the Compilation's half-and-half rule for Muslims and what applies to other couples; the sources opened for this page do not show a statutory percentage for non-Muslim couples.

Frequently asked questions

What happens to property bought during the marriage if we divorce?

It is joint property (Marriage Law, Art. 35(1)); for a Muslim couple each former spouse is entitled to half unless a marriage agreement says otherwise (Compilation, Art. 97), and a claim to it can be filed with the divorce or afterwards (Religious Courts Law, Art. 86(1)).

Can a couple sign a marriage agreement after the wedding?

Yes, since 27 October 2016: the Constitutional Court read Article 29 of the Marriage Law to allow a written agreement at the time of, before or during the marriage, endorsed by a registrar or notary.

Sources

The general article: Matrimonial property and inheritance · Compare with another country

Divorce

Divorce is possible only before a court, after the court has tried and failed to reconcile the spouses and found sufficient reason (Marriage Law, Art. 39): Muslims go to the Religious Court, as a husband's talak petition or a wife's divorce suit, others to the District Court, and a woman then observes a waiting period of 90 days or three cycles, or until birth if pregnant (Government Regulation 9/1975, Art. 39; Compilation, Art. 153).

ProcedureDivorce only before a court after failed reconciliation and sufficient reason (Marriage Law, Art. 39)
CourtReligious Court for Muslims, District Court for others (Marriage Law, Art. 63(1))
GroundsSix in Government Regulation 9/1975, Art. 19; eight for Muslims in the Compilation, Art. 116 (adds taklik talak breach and apostasy)

Full detail: Divorce

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