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SESSION 1 (4 September 2014)

The understanding and systematics of Conflicts of Laws
The understanding and systematics of Private International Law
The background of Conflict of Laws in Indonesia
The sources of Conflict of Laws in Indonesia
Conflicts of Law; Conflictenrecht; conflits de lois, conflits des statuts; Hukum Perselisihan
Collisierecht; Collisie Law
Intergentielrecht; Hukum Intergentiel, Hukum Antar Golongan
Marginal Law, Grenzrecht
Interlocaalrecht; Hukum Antar Tempat, Hukum Antar Adat
Intertemporaalrecht; Hukum Antar Waktu
Interlegal Law, Interrechtsordenrecht, Tussensrechtsordening; Hukum Antar Tata Hukum
Inter conflictenrecht, Intern interrechtsordenrecht; Hukum Antar Tata Hukum Intern
Conflicts of Laws, Private International Law, International Private Law; Hukum Antar Tata
Hukum Ekstern, Hukum Perdata Internasional
The Scheme of Conflicts of Law


Intertemporal Law
Hukum Antar Waktu

Inter-local Law
Hukum Antar

Conflicts of Law

External (known
as Private

Intergentiel Law
Hukum Antar

Important Notes!
a. For the consistency in this class, the term Conflict of Laws is used to refer
Definition of Conflict of Laws
Sudargo Gautama: The regulations and legal decisions that determine the applicable law for the
legal relations between the same nationals which show the intersection of the difference of locus,
person, tempus and issues

1. There are, at least, 2 equal systems of law which intersect each other
2. The intersection of those systems of law is indicated by the Connecting Factor(s)
3. Conflict of Laws determines the applicable law for the case which 2 systems of law intersect
each other
4. There is no foreign element in the Internal Conflict of Laws
Extern-Conlict of Laws / Private International Law
Sudargo Gautama: The regulations and legal decisions that determine the applicable law for the
legal relations between the two or more different nationals which shows the intersection of 2 or
more systems of law, in the field of difference of locus (place), person, tempus (time) and issues.
Private International Law
Private International Law (PIL) has the same concept with Concept of Laws, but there is a foreign
element(s) in PIL
The Background of Conflict of Laws in Indonesia
1. The Pluralism of People in Indonesia
Cornelis van Vollenhoven in Het Adatrecht van Nederlandsch-Indie divided Indonesia into 19
adat area (rechtskringen)
2. Indonesia was one of destination for immigrant from many countries
3. The Politics of Law of the Netherland Colonialist
The division of people into Dutch Indies into some groups based on their race; The
implementation of Concordantie Principle (Concordantiebeginsel)
4. The Independence of Indonesia
The abolishment of people groupings
The purpose of the formation of National Legal System

The Source of Private International Law in Indonesia

Algeemene Bepalingen van Wetgeving voor Indonesie (AB) (Stb 1847 No. 23):
Art. 16: Statuta Personal
Art. 17: Statuta Realia
Art. 18: Statuta Mixta
International Conventions:
NY Convention, Washington Convention, etc
The Bill of Indonesian Private International Law
1. Sudargo Gautama, Hukum Antar Tata Hukum (Kumpulan Karangan), Bandung: Alumni, 1996,
hal. 1-134
2. Sudargo Gautama, Hukum Antargolongan Suatu Pengantar, Jakarta: Ictiar Baru Van Hoeve,
1993, hal. 11-78
3. Sudargo Gautama, Bunga Rampai Hukum Antar Tata Hukum, Bandung: Alumni, 1993 hal. 131

SESSION 3 (September 18 2014)

Connecting Factors
Connecting Factors
Titik Pertalian
Points of contact
Concept and Definition
Gautama: Titik-titik pertalian adalah hal-hal dan keadaan-keadaan yang menyebabkan berlakunya
suatu stelsel hukum
Cheshire: Connecting factors are some outstanding facts which establish a natural connection
between the factual situation before the court and a particular system of law
Types of Connecting Factors
Primary Connecting Factors
The means or the factors that show us whether a legal relationship is a Conflict of Laws
matter or not. It creates a Conflict of Laws matter.
1. Parties or legal subjects (People Grouping)
People Grouping could give rise to an interpersonal legal matters
2. The Status of the Land
Land has its own legal status, apart from the status of the person who own or occupy it.
It means the law which regulates the land does not depend on the law which regulates
the person who own or occupy it.
3. Voluntary submission to another private law.
Two or more legal subjects from a same group conduct a legal act or legal relation and
they choose another law other than the law that applies for themselves to govern the
legal act. Choice of law in internal legal relations
4. The forum of lawsuit.
During the Dutch Indies era, there are 2 courts of law/forum of law:
o European Judges: Raad van Justitie, Reglement op de Rechtsvordering (Rv)
o Native Judges: Landraden, Herziene Indonesisch Reglement (HIR)
Those four Primary Connecting Factors are declining in use ever since the Indonesian
independence and after the growing of the field of unified laws (the BAL, marriage law, etc)
however we still can find some traces of it in the current legal system.
The forum of lawsuit still applies in the form of the remaining legal pluralism which still
prevail in Indonesia, particularly in the choice of adat laws in private matters.

Secondary Connecting Factors

The means or factors that determine the law to be applied in a Conflict of Laws
issue/matter. The factors that determine which law to be applied from the connected legal
systems. Gautama: faktor-faktor yang menentukan hukum manakah yang harus dipilih
daripada stelsel-stelsel hukum
The correlation between Primary and Secondary Connecting Factors
o There will be no Secondary Connecting Factors if there is no Primary Connecting
o Therefore, Primary Connecting Factors is prerequisite for Secondary Connecting


Intention of the Parties

Milieu or sphere
Overpowering social or economic position of one of the parties
Public Offer
Entry into Law Sphere of the Other Party

1. Intention of the Parties

o Two or more legal subjects from the same group of people choose the law, as
applied for the other groups, to be applied for their legal relations.
o Two or more legal subjects from a different group choose the law, as applied for
one of them or the other law, to be applied for their legal relation.
o Intention of the Parties or Bedoeling van partijen can be conducted:
1. Explicitly, and
2. Implicitly (stilzwijgend)
2. Milieu
Milieu means surroundings or environment (suasana). The environment or circumstances of
the place, in which the legal subject interacts and create legal acts.
3. Overpowering Social or Economic Position of One Party.
One of the parties in a legal relation has the higher/superior position, economically and/or
socially. Therefore, the law of that party is applied in a legal relation he/she enters into.
4. Public Offer
Its use is often juxtaposed with the Higher Position of One Party
5. Entry into the Law Sphere of Other Party
A person from a group, in doing a certain legal act, had entered into the legal atmosphere of
the other group. As if, beside the applicable law for his own group, he intentionally was
subjecting himself under the law of the other group. This Secondary Connecting Factor has
close relation with the other Secondary Connecting Factors.

Auxiliary Connecting Factors

SESSION 6 (9 Oktober 2014)

Classification, Qualification or Characterisation
Qualification or Classification or Characterisation is a translation of general facts or terminologies
into law facts or terminologies.
The Relation Between Renvoi and Qualification
Renvoi is considered as a qualification of foreign law
We have to determine the definition of foreign law which is appointed under Renvoi:
o Foreign law = the intern law and private international law; or
o Foreign law = the intern law

Landmark Case / Cause Celebre

The Maltese Case (Anton vs. Bartholo)
On matrimonial property
In this case, the judge determined the qualification of the Right to Enjoy / Vruchtgebruik /
Hak Menikmati whether this right is part of:
o Matrimony Law (Qualification based on Maltese Law), or
o Inheritance Law (Qualification based on France Law)
Types of Qualification
a. Lex Cause Qualification
A qualification that is conducted according to the law from which the relevant issue or
terminology originated.
b. Lex Fori Qualification
A qualification which is conducted according to the national law of the judge to whom the
relevant case is brought.
c. Autonom Qualification
A comparative method is used for this qualification.
Exception for the Lex Fori Qualification
For the definition or concept:
Movable and Immovable Good;
Choice of Law;
Contained in International Agreements/Conventions;
Contained in International Courts Decision
Other Types of Qualification
1. Primary Qualification:
a. This qualification is necessary to determine the applicable law for a PIL case;
b. This qualification must be conducted according to the national law of the judge (lex fori)
2. Secondary Qualification
a. If we already know the applicable law (foreign law) for a PIL case, the further
qualification according to that applicable law is necessary
Some Qualification Issues in PIL
1. The usage of similar terms used by some countries, but their definition/concept are totally
different, e.g. the term of domicile
a. Under Indonesian law: the permanent residence;
b. Under English law: domicile of origin, domicile of choice, domicile by operation of
2. A certain concept of law is known under one system of law, but is unknown under other
system of law, e.g. trust is known under Common Law system, not under Civil Law system.
3. The qualification of Locus Contractus in the case of contract between absnce persons:
a. Mailbox Theory; and
b. The Acceptance Theory
4. The qualification of Locus Delicti in the case of there are more than one locus for a tort:
a. The place of which the effect of the tort happened (the last event theory);
b. The place of which the tort happened (the real place of the tort).

SESSION 7 (16 Oktober 2014)

Public Order / Public Policy
Public policy is the term used in Anglo-Saxon countries. In Civil Law countries, the counterpart is
public order. Public order will be used if the foreign law that shouldve been applied in a PIL case
harms the national order or interest of the country.
So far there is no unified exact definition for Public Order
Wirjono Prodjodikoro:
bahwa sukar sekali untuk mengadakan suatu ukuran bagi pengertian ketertiban umum
penentuan suatu ukuran ini juga amat dipersukar oleh kenyataan bahwa pengertian ketertiban
umum kini mengandung anasir-anasir mengenai perasaan, sedangkan penentuan ukuran adalah
hasil pekerjaan pikiran belaka.
Public Policy is an extremely vague and general term and it

Positivity of Public Order

The foreign law that should have been used in a territory of a country, based on PIL, is set aside
because it harms/endangers the fundamental principle/value of that country.
The foreign law that should have been used or enforced is manifestement incompatible with the
fundamental principle of a country.
Sedemikian rupa hukum asing menusuk sendi-sendi dari nilai fundamental suatu negara
Relativity of Public Order
Time factor (ratione temporis)
Place factor (ratione locus)
Intensity factor
The concept of Public Order is a dynamic, not a static one because it is affected by time factor and
place factor. The change on the time and place factor depends on the value of life the society in a
country (politics, economics, culture, etc.)
Time factor will effect the existence of public order. It means that time will change the values of the
people of the society.
Place factor depends on the values of life of the people in the particular area
Intensity is the amount of contact between the closeness relationship between the PIL case (of
which the foreign law would be implemented) and the condition of a country (of where the foreign
law would be implemented).

Topicality of Public Order

Every country in this world has its own concept of publiac order, which might be different from one

Various Concepts of Public Order

Under PIL, Nieder divided 3 concepts of Public Order:
1. The Roman concept (France and Italy)
It is the perfect epitome of Public Order used as a sword; it doesnt consider any foreign law.
In France, Public Order contains everything that justifies the usage of its own national law
for PIL cases. The foreign law which is contrary to the national law, will not be used. Public
Order is not considered as an exception for the usage of foreign law.
2. The German concept
It is the perfect epitome of Public Order used as a shield. Public Order (vorbehaltklausel) is
considered as an exception for the usage of foreign law.
Art. 30 of EGBGB: The use of foreign law is not possible if it would be contrary to good
morals (Guten Sitten) or with the purpose of the legislation of Germany.
3. Anglo Saxon concept
o The term Public Policy is used;
o Politics have a big role to determine whether the use of foreign law will violate
Public Policy in UK or not;
o Act of State doctrine
Luther v. Sagor
Princess Paley Olga v. Weiss
4. Socialist concept
Public order is considered as a political corrective method, that is used by the Capitalist
Countries to set aside the use of Socialist Countries laws, which disbenefit the interest of
the Capitalist Countries. Ideally, the judge of Socialist Countries will use the Public Order to
set aside the use of foreign law, only if it contradicts the basic principles of the Constitution.
Read Tobacco Bremen case
Summarize the case
Analyze public order in Germany
Sudargo Gautama: The foreign law which should have been used in accordance with the provisions
of PIL of Indonesia, will be set aside, if that foreign law is contrary to public order and good moreals
in Indonesia.

Fraudulent of Connecting Factors

Penyelundupan Hukum (Gautama),
Wesontduiking (Netherlands)
Fraude a la loi (French)
Fraus legis (Latin)
Frode alla lege (Italian)





Nature of Fraudulent of Connecting Factors

To set aside the national law that should have been applied and
Examples of Fraudulent of Connecting Factors
1. Marriage
2. Divorce
3. Naturalisation
4. Domicile
5. Contract
Impact of Fraudulent of Connecting Factors
Fraus omnia corrumpit: the act that is conducted based on a Fraudulent of Connecting
Factors will be considered null and void.
Graulich: application de la loi normalement competente

Public Order and Fraudulent of Connecting Factors

Public Order is used to set aside the appication of foreign law because its application
harms/endangers the fundamental value of a country has a general nature
Fraudulent of Connecting Factors happens when the use of foreign law is set aside because
it disadvantages a person has a specific nature

SESSION 11 (20 November 2014)

Transfer from One Legal System to Another
1. People Grouping
2. Legal Pluralism
3. Interaction/legal relations between people form different groups
4. The enforcement of kaidah pengubah status (staatsomzettingsregels)
The transfer affects to the application of law, other than the law of origin of a legal subject. It also
affect the people grouping of the legal subject.

Types of Transfer
Transfer of legal system from lower (native Indonesian) and mid-lower (Foreign Orientals) to
the higher layer (European) legal system.
o Formeel Wettelijke gelijkstelling (Statute-based)
Must obtain an approval from the Governor General and conversion to Christianity.
Based on Art. 163 (5) of the IS. The name of the applicant would then be published
in the Staatsblad. Commonly known as
o Infromeel Wettelijke gelijkstelling (based on case law)
A native Indonesian who meets certain requirements could also be equalized with
the European group. Commonly known as Nederlander
- European name
- Position in the government office
- Position in the European group
- Religion
- Physical appearance
- European way of life
- Married to a European

Assimilation (oplossing)
Transfer of legal system from European or Foreign Oriental group to the Native Indonesian
group. The legal basis is Art. 163 para (3) of the IS. No standard requirements to be
assimilated to the Native group, i.e.:
o Convert to Islam
o Living among the native Indonesian
o Following the way of life of native Indonesian
Cases: Tjoa Peng An, L.L. Scholten/Matrais, Tengkoe Moh. Hoesin.

Percampuran dengan suku bangsa asli

Falls under the interlocal sub of Conflict of Laws. There must be an intention (animus semper
manendi) to enter the other adat community.
o Intensity of legal relation is not quite deep
o It covers a wide area
o The social transfer process has happened, but not quite intensive.

Persatuan dengan masyarakat hukum

Falls under the interlocal sub of Conflict of Laws, because the change is between the natives.
There must be an intention (animus semper manendi) to enter the other adat community.
o The intensity of legal relation is deeper
o It covers a narrower area
o The social transfer process has happened intensively
o Usually must be followed by adat ceremony

Substitution of Law of Mixed Marriage

Formerly, marriage in Indonesia was regulated under Reglement op de Gemengde
Huwelijken (GHR) 1898. The GHR was enforced up to the enactment of Law No. 1 / 1974 on
Mixed-marriage was broadly defined to include all unions between persons of different
population of groups, religions, regions and nationalities within Dutch-Indies. (Art. 7 para 2

A mixed-marriage must be concluded according to the law of the husband. The marriage
must be based on the consent of the couple. (Art. 6 para 1 GHR) Therefore, a woman who is
involved in a mixed-marriage shall follow the husbands status (law) in the field of public and
private law. (Art. 2 GHR)
There are exceptions for Art. 2 GHR found in HOCI, (Huwelijksordonantie ChristenIndonesiers Java, Minahasa en Amboina 1933, was used as an Act on Christian Marriage of
1933) which was applied for Native Christians residing in Java, Madura, Minahasa, Mollucas,
Ambon and Banda:
o The Art. 75 HOCI states that a non-Christian Native man may choose the law of his
wife when he marries to a Christian Native woman. This article was intended to
protect the Christian women from the possibility of polygamy. The non-Christian
Native man may choose whether to convert himself to Christianity or not but he
should conduct the marriage on Christian ceremony.
o The Art. 73 HOCI states that if one party in a marriage change his/her religion to
Christian, HOCI may be used as the applicable for their marriage.
o The Art. 15 OV states that a non-European who intends to marry a European shall
subject himself/herself to the European Civil Law. However, there are 2 exceptions
to this article:
The Art. 12 HOCI: It is allowed to use the law of the husband; for a marriage
between a Christian Native man and a European woman.
The Art. 13 HOCI: It is also allowed for a Christian Native man, for his
marriage to a European woman, to voluntarily submit hiself to Europeans
Civil and Commercial law as stipulated in the Art. 15 OV.

Conversion of Religion
Conversion of Religion is not enough when a person only pronounce the Statement of Faith.
A statement of apostasy is also not enough for a person to be considered has converted
his/her religion. Conversion of Religion must be followed by social transfer process, which
a. The person has been admitted by the members of his/her new religious community;
b. The person does not care anymore to his/her previous religious community (does not do
the previous religious rituals anymore);
c. The person has followed the way of life of his/her new community.
The purposes of the requirements of Social Transfer Process are:
1. To prevent the ostensible Conversion of Religion; and
2. To prevent Fraudulent of Connecting Factors.
The effects of coversion of religion to marriage:
o Conversion of a Religion that is conducted by the husband or the wife does not
dissolve the marriage.
o Conversion of a Religion that is conducted by the husband or the wife can only be
used as an argument in dissolving a marriage.
o The Art. 74 HOCI: HOCI will always be used for a marriage of Native Christians,
although, the couple or one of them have converted their religion to Islam. Sekali
HOCI, tetap HOCI.

Recognition and Legitimation of Children

The legitimation of child should be conducted under the law of the people who legitimize
the child and the law of the father. By the recognition and legitimation conducted by the
father, the child obtains the status of the father; however, the legal relation between the
chid and the mother is considered ceased. This is due to the Dutch Indies government at that
time intended to protect the possibility of European peoples wealth falling to the natives
through inheritance.

Voluntary Submission to European Law (Penundukan Diri)

The reasons for the voluntary submission is to uphold legal certainty for the commercial
relations of the European and to expand the European law. There are 4 types of Voluntary
1. Total Submission
This type of submission covers the entirety of private civil and commercial European law.
Procedural requirement: the applicant should submit a request to the government; this
type of submission is irrevocable. The requirements:
Monogamy marriage
Consent from the wife (because the wife will follow the husbands legal
2. Partial Submission
This type of submission covers the private civil and commercial European law with the
exclusion of family and interstate heritance matters. The requirement:
Consent of the wife
3. Ad Hoc Submission (Penundukan Diri untuk Perbuatan Hukum Tertentu)
This type of submission is only pertaining to goods-related transactions. No
4. Presumptive Submission
This type of submission is applied to the transactions that would be unknown to the adat
law, such as commercial paper-related transactions (ex: cheque)

SESSION 13 (4 December 2014)

Mixed Marriage in Relation to the Nationality Law and Immigration Law in Indonesia
Formerly, Marriage in Indonesia was regulated under Reglement op de Gemengde Huwelijken (GHR)
1898, which was enforced until the enactment of Law No. 1 / 1974 on Marriage. Art. 1 of GHR states
that Mixed-Marriage is a marriage between persons who are governed under different laws within
Dutch-Indies (Indonesia). Art. 7 para (2) of GHR states that Mixed-marriage was broadly defined to
include all unions between persons of different population of groups, religions, regions and
nationalities within Dutch-Indies (Indonesia).
Legal Impact of Mixed-Marriage under GHR
Art. 6 para (1) GHR: a mixed-marriage must be concluded according to the law of the
husband. The marriage must be based on the consent of the couple.
Art. 2 GHR: Therefore, a woman who is involved in a mixed-marriage shall follow the
husbands status (law), in the fields of public and private law.
The principle: the law of the husband is used for the marriage

Mixed Marriage under the Law No. 1 / 1974

Art. 57: A marriage between two persons who in Indonesia are subject to different laws due to a
difference in nationality and one of the parties is a foreign national while the other is an Indonesian
The scope of Mixed Marriage in GHR is broader than that of Mixed Marriage in Law No. 1 / 1974.
Mixed Marriage in GHR: inter groups, religions, regions and nationalities. Mixed Marriage in Law No.
1 / 1974: internationalities
Mixed Nationalities Marriage

Terhadap status anak:

Berdasarkan UU No. 62 / 1958 tentang Kewarganegaraan (UU Kewarganegaraan Lama)
o Terhadap kewarganegaraan anak, dianut asas ius sanguinis secara ketat, yaitu
seorang anak akan selalu ikut kewarganegaraan ayahnya.
o Tidak dimungkinkan adanya kewarganegaraan ganda, meskipun anak dilahirkan di
negara dengan prinsip ius soli.
o Bila terjadi perceraian antara ibu WNI dengan ayah WNA, hak
Law No. 12 / 2006 applies 4 principles
o Ius Sanguinis (Law of the Blood)
o Ius Soli (Law of the Soil)
o Single Nationality
o Restricted Nationality
Restricted Dual Nationality
Dual nationality is granted to the children of mixed marriages. This dual nationality is allowed until
they come to 18 years of age. After they become 18 years, they have to choose a nationality. Before
the child reaches 21 years of age,
Rationale for 18-years-old
The age of 18 years-old is consistent with:
1. The definition of a child of the Law No. 23 / 2002 on Protection of Child;
2. The definition of a child in the UN Convention on the Rights of the Child (ratified by
Presidential Decree No. 36 / 1990)
3. The end of parental rights and responsibilities in the Law No. 1 / 1974 on Marriage (Vid. Art.
Dual Nationality Privileges and Obligations
Children with dual-nationality (under 18 years) can stay in Indonesia without having to
obtain any residence permit. (They are considered as Indonesians)
They are allowed to have two passports: Indonesian and other.
They can enjoy the rights of two countries accordingly.
Children are subject to, for example, military compulsory training or national service when
they reach certain age based on national law.
His or her mobility will be subject to the laws of both Indonesia and the other respective

What Will Happen If They Choose Indonesian Nationality?

A registration in regards to choose Indonesian nationality must be submitted to Minister of Law and
Human Rights.
What Will Happen If They Choose Other Nationality?
They automatically give up their Indonesian nationality rights and should return their Indonesian
If he or she chooses the other nationality but has the intention to stay and work in Indonesia:
He or she will be directly given the Permanent Residence Permit, without any requirements

Legal Status of Husband-Wife in Mixed Nationalities Marriage

Art. 12 of the Law No. 12 / 2006 on Nationality:
A foreign national who marrid to an Indonesian national may obtain the Indonesian nationality, if
he or she has lived in Indonesia for 5 years consecutively or for 10 years inconsecutively.
If it is not possible for him or her to obtain the Indonesian nationality because of dual-nationality
status, he or she may have a permanent residence permit in Indonesia.
Art. 54 (1) of Law No. 6 /2011 on Immigration jo. Govt. Regulation No. 31 / 2003 on Immigration:
Permanent Residence Permit shall be given to:
Mixed Marriage family;
In regards to Mixed Marriage, the Permanent Residence Permit shall be given after the marriage
reaches 2 years and shall sign an Integration Statement to be submitted to the Government of the
Republic of Indonesia. Permanent Residence Permit shall be provided for the period of 5 years and
can be renewed for indefinite period to the extent that his/her permit is not cancelled.
Izin Tinggal Tetap berakhir apabila:
Yang bersangkutan meninggal dunia
Yang bersangkutan meninggalkan wilayah RI lebih dari 1 tahun dan tidak bermaksud masuk
lagi ke wilayah RI
Menjadi WNI
Izin Tinggal Tetap dibatalkan apabila:
Yang bersangkutan melakukan tindak pidana terhadap negara
Dikenai Tindakan Administrasi Keimigrasian
Putus perkawinan dengan WNI, kecuali perkawinan telah berlangsung lebih dari 10 tahun.

Mixed-Religions Marriage in Indonesia

Article 2 (1) Law No. 1 / 1974 on Marriage: A marriage is legitimate, if it has been performed
according to the laws of the respective religions and beliefs of the parties concerned.
However, as the Law does not explicitly forbid or allow marriage between people of different
religions, there are considerable debates regarding its interpretation and application. There are
some cases on Mixed Religions Marriage that show the debate regarding the interpretation and
The Solutions Taken by Parties in Conducting Mixed-Religions Marriage
In practice, however, marriage between people of different religions does occur. The solutions that
often taken are:
By doing 2 ceremonies, at church in the morning and at amosque in the afternoon.
By conducting a marriage abroad which allows marriage between different religions, but this
is considered as a Fraudulent Connecting Factors
Marriage in Another Country
Art. 56 (1) Law No. 1 / 1974: a marriage performed outside Indonesia between two Indonesian
nationals or between an Indonesian national
Therefore, from the perspecive of Indonesian law, a marriage conducted outside of Indonesia
between two Indonesians who have different religions is still considered not legitimate. This is
because the Material Requirement (a marriage must be performed according to the laws of the
respective religions and beliefs) is not fulfilled by them.