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Provisions related to forced marriage in Indonesia are found in the Penal Code, which addresses the abduction of an underage woman with her consent, with the intent to marry her, at Article 332, with a potential penalty of imprisonment up to seven years. It also addresses the abduction of a woman by tricks, force or threat, with the intent to marry her, with a potential penalty of imprisonment up to nine years. Article 280 also addresses entering into marriage while concealing the existence of legal barriers, with a potential penalty of imprisonment of up to five years. Provisions related to forced marriage in Indonesia are also found in the 1974 Marriage Law, which addresses a marriage concluded under threat or misconceptions at Article 27. Provisions related to forced marriage in Indonesia are also found in the Islamic Law Compilation, which addresses marriages performed by force at Article 71. Article 72 also addresses marriages concluded under fraud or misconceptions.
Provisions requiring consent to marriage in Indonesia are found in the civil code 1927 and marriage law 1974, article 28 of civil code states that to enter into a marriage, the voluntary consent of the prospective spouses shall be required. Article 6 of marriage law states that marriage shall be based on the consent of both candidates the bride.
There appears to be no legislation in Indonesia that prohibits servile matrimonial transactions.
Provisions related to marriage trafficking in Indonesia are found in the 2007 Law on Elimination of Human Trafficking Crimes, which addresses trafficking for practices similar to slavery at Article 1. In addition, abduction for marriage is prohibited under SECTION 332 (1) of the Penal Code, with a potential penalty of maximum imprisonment of seven years. Threatening for marriage is prohibited under SECTION 332 (2) of the Penal Code, with potential penalty of maximum imprisonment of nine years.
The minimum age for marriage in the Indonesia without parental permission is 21, without differentiation by gender, as set out on Article 6 of the 1974 Marriage Law. The minimum age for marriage in the Indonesia with parental permission is 19, without differentiation by gender, as set out on Article 7 of the 1974 Marriage Law, as amended in 2019. However, marriages below this age are permitted with the authorization of the Court or other Officers appointed by both parents of both spouses, as set out on Article 7 of the of the 1974 Marriage Law. These exceptions are not differentiated by gender. Performing a marriage in violation of Article 7 of the of the 1974 Marriage Law is an offence under Article 20 of the 1974 Marriage Law. For Islamic spouses, the minimum age for marriage in the Indonesia is 16 for females and 19 for males, as set out in Article 15 of the Islamic Law Compilation. Where marriages are conducted involving a person below the minimum age, the marriage is annullable, as set out on Article 71 of the Islamic Law Compilation.
Asia-Pacific
Not party to a court
Civil
Article 27
(1) All citizens shall be equal before the law and the government and shall be required to respect the law and the government, with no exceptions.
(2) Every citizen shall have the right to work and to earn a humane livelihood.
(3) Each citizen shall have the right and duty to participate in the effort of defending the state.
Article 28G
(1) Every person shall have the right to protection of his/herself, family, honour, dignity, and property, and shall have the right to feel secure against and receive protection from the threat of fear to do or not do something that is a human right.
(2) Every person shall have the right to be free from torture or inhumane and degrading treatment, and shall have the right to obtain political asylum from another country.
Article 28I
(1) The rights to life, freedom from torture, freedom of thought and conscience, freedom of religion, freedom from enslavement, recognition as a person before the law, and the right not to be tried under a law with retrospective effect are all human rights that cannot be limited under any circumstances.
(2) Every person shall have the right to be free from discriminative treatment based upon any grounds whatsoever and shall have the right to protection from such discriminative treatment.
(3) The cultural identities and rights of traditional communities shall be respected in accordance with the development of times and civilisations.
(4) The protection, advancement, upholding and fulfilment of human rights are the responsibility of the state, especially the government.
(5) For the purpose of upholding and protecting human rights in accordance with the principle of a democratic and law-based state, the implementation of human rights shall be guaranteed, regulated and set forth in laws and regulations.
Article 297.
Trade in women and minors of the male sex shall be punished by a maximum imprisonment of six years.
Article 301.
The person who surrenders or leaves a child under the age of twelve years who is under his legal authority to another person, knowing that it will be used for begging or carrying out begging, for performing dangerous feats or dangerous labour or labour detrimental to the health, shall be punished by a maximum imprisonment of four years.
Article 324
Any person who for his own account or for another’s account deals in slaves or commits and act dealing in slaves, or intentionally participates indirectly or directly in any of such acts shall be punished by a maximum imprisonment of twelve years.
Article 325
(1) Any person who goes into service or serves as a captain on a vessel knowing that the vessel is destined for dealing in slaves, or using the vessel for dealing in slaves, shall be punished by a maximum imprisonment of twelve years.
(2) If the transport causes the death of one or more slaves, the captain shall be punished by maximum imprisonment of fifteen years.
Article 326
Any person who goes into service as a shipmate on a vessel, knowing that the vessel is destined or used for dealing in slaves, or if he voluntarily remains in service, after having known that the vessel is destined or used for dealing in slaves, shall be punished by a maximum imprisonment of nine years.
Article 327
Any person who for his own account or for another’s account, either indirectly or directly, assists in hiring, loading, or insuring a vessel, knowing that the vessel is destined or used for dealing in slaves, shall be punished by a maximum imprisonment of eight years.
Article 328
Any person who carries off someone from the place of his residence or his temporary stay with intent to bring him unlawfully under his or someone else’s power or to place him in a hapless state, shall, being guilty of kidnapping, be punished by a maximum imprisonment of twelve years.
Article 333
(1) Any person who with deliberate intent and unlawfully deprives someone or keeps someone deprived of his liberty, shall be punished by a maximum imprisonment of eight years.
(4) The sentence laid down in this article shall also be applicable to any person who with deliberate intent provides a place for the unlawful deprivation of liberty.
Article 334
(1) Any person by whose negligence someone is deprived or kept deprived of his liberty, shall be punished by a maximum light imprisonment of three months or a maximum fine of three hundred rupiahs.
Article 335
(1) By a maximum imprisonment of one year or a fine of three hundred rupiahs shall be punished:
1st any person who unlawfully forces another by force, by any other battery or by an offensive treatment or by threat of force, of any other battery, or also of an offensive treatment, aimed either against the other person or against a third party, to do, to omit or to tolerate something;
2nd-ly any person who forces another by threat of slander or libel to do, to omit or to tolerate something.
(2) In the case described under 2nd-ly the crime hall not be prosecuted except under complaint by the person against whom it has been committed.Indonesia Penal Code
Article 1
In this Act referred to as:
1. Trafficking is the act of recruitment, transportation, shelter, transportation, transfer, or receipt of a person with the threat of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage, or provide payment or benefit, so as to obtain approval from the person having control over another person, whether committed in the country and among state, for the purpose of exploitation or the cause of the exploited.
2. Crime of Trafficking in Persons is any action or series of actions that meet the elements of the offenses specified in this Act.
7. Exploitation is the act with or without the consent of the victim, including but not limited to prostitution, forced labor or services, slavery or practices similar to slavery, oppression, extortion, use of physical, sexual, reproductive organs, or unlawfully removing or transplanting organs and / or body tissues or take advantage of someone by force or the ability of other parties to benefit both material and immaterial.
8. Sexual exploitation is any use of sexual organs or other organs of the victim to make a profit, including but not limited to all activities of prostitution and fornication.
15. Debt bondage is the act of placing persons in a state or a state pledge or forced to pledge his or her family or those which it is responsible, or his personal services as a form of debt repayment.
Article 2
(1) Any person who did the recruitment, transportation, shelter, transportation, transfer, or receipt of a person by threats of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage, or provide pay or benefits even if obtained consent of the person having control over another person, for the purpose of exploiting that person in the region Republic of Indonesia, shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 ( six hundred million rupiah). (2) If the acts referred to in paragraph (1) lead to the exploitation, the offender shall be punished by the same as referred to in paragraph (1).
Article 3
Every person who enters people into the territory of the Republic of Indonesia with a view to exploitation in the territory of the Republic of Indonesia or exploited in any other country shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and a criminal fine of at least Rp120 .000.000,00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 4
Every person who brings an Indonesian citizen outside the territory of the Republic of Indonesia with a view to exploit outside the territory of the Republic of Indonesia shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and a criminal fine of at least Rp120. 000,000.00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 5
Any person committing adoption by promising something or give something in order to be exploited is liable to imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred and twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 6
Any person sending the child into or out of the country in any manner that resulted in the exploitation of children shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 7
(1) If the crime referred to in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6 resulted in the victim suffered serious injuries, severe mental disorders, other infectious diseases that endanger their souls, pregnancy, or disrupted or loss of reproductive function, then the threat of criminal plus 1 / 3 (one third) of the sentence in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6.
(2) If the criminal offense referred to in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6 resulting in the death of the victim, shall be punished with imprisonment not less than 5 (five) years and a maximum of life imprisonment and criminal fine of at least Rp200.000.000, 00 (two hundred million rupiah) and a maximum of 5,000,000,000, 00 (five billion rupiah).
Article 8
(1) Any state officials who abuse power which resulted in a criminal act of trafficking in persons as defined in Article 2,
Section 3, Article 4, Article 5 and Article 6 of the criminal plus 1 / 3 (one third) of the sentence in Article 2, Article 3, Section 4, Article 5 and Article 6.
(2) In addition to criminal sanctions as referred to in paragraph (1) the perpetrator can be charged an additional penalty of dismissal is not with respect from his position.
(3) additional Criminal referred to in paragraph (2) are included as well in the ruling of the court.
Article 9
Anyone who is trying to mobilize others to do the criminal act of trafficking in persons, and crime did not happen, is liable to imprisonment for 1 (one) year and a maximum of 6 (six) years and fined at least Rp40.000.000, 00 (forty million rupiah) and maximum Rp240.000.000, 00 (two hundred forty million dollars).
Article 10
Everyone who helped or attempted to commit criminal acts of trafficking in persons, shall be punished by the same as referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 11
Any person who plans or do evil conspiracy to commit criminal acts of trafficking in persons, shall be punished by the same as the perpetrator referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 12
Every person who uses or exploit victims of human trafficking by way of intercourse or other lewd acts with victims of human trafficking, employing victims of human trafficking to continue the practice of exploitation, or take advantage of the proceeds of crime of trafficking in persons is liable to a criminal same as referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.Indonesia Trafficking in Persons Law
Article 35
(3) In employing people who are available for a job, the employers as referred to in subsection (1) are under an obligation to provide them with protection, which shall include protection for their welfare, safety and health, both mental and psychical.
Article 68
Entrepreneurs are not allowed to employ children.
Article 69
(1) Exemption from what is stipulated under Article 68 may be made for employment of children aged between 13 years and 15 years old for light work as long as the job does not stunt or disrupt their physical, mental and social developments.
Article 74
(1) Every body shall be prohibited from employing children in the worst forms of child labour [literal: in the worst jobs].
(2) The worst forms of child labour as referred to under subsection (1) include:
a. All kinds of jobs in the form of slavery or practices similar to slavery;
b. All kinds of job that make use of, procure, or offer children for prostitution, the production of pornography, pornographic performances, or gambling;
c. All kinds of job that make use of, procure, or involve children for the production and trade of alcoholic bevereges, narcotics, psychotropic substances, and other addictive substances; and/or
d. All kinds of job harmful to the health, safety and moral of t he child.
Article 88
(1) Every worker has the right to earn a living that is decent from the viewpoint of humanity.
(3) The [required government] wage policy that protects workers as referred to under subsection (2) shall include:
a. Minimum wages;
Article 90
(1) Entrepreneurs are prohibited from paying wages lower than the minimum wages as referred to under article 89.Indonesia Labour LAw
Article 30
(1) Indonesia Migrant Workers cannot be borne with placement cost.
(2) Further provisions regarding placement cost as referred to in section (1) are regulated by regulation of the Head of Board.
Article 31
Indonesia Migrant Workers can only work in destination country that:
a. Has legislation that protects foreign workers;
b. Has a written agreement between the government of destination country and the Government of the Republic of Indonesia; and/or
c. Has a Social Security system and/or insurance that protects foreign workers.
Article 32
(1) Central Government may stop and/or prohibit the placement of Indonesian Migrant Workers for certain countries or certain positions abroad based on following considerations:
a. Security
b. Human rights protection;
c. Equal job opportunities; and/or
d. Labour availability in accordance with the national needs
Article 33
Central Government and Local Government provide legal protection for Indonesia Migrant Workers in accordance with the legislation, law in destination country, as well as international law and custom.Indonesia Protection of Indonesian Migrant Workers law, 2017
Art 280
Any person who enters into marriage, with deliberate intent concealing to the counterpart that a legal barrier exists against it, shall, of on the ground of said barrier the nullity of said marriage has been pronounced, be punished by a maximum imprisonment of five years.
Art 332
Being guilty of abduction shall be punished:
1st, by a maximum imprisonment of seven years, any person who carries off a woman under age without the will of her parents or guardians but with her consent, with intent to ensure himself of her possession within or outside marriage;
2nd-ly, by a maximum imprisonment of nine years, any person who carries off a woman by tricks, force of threat of force, with intent to ensure himself of her possession within or outside marriage.
No prosecution shall be made unless upon complaint.
The complaint shall be filed:
a if the woman during the abduction is a minor, either by herself or by a person whose consent she needs for the contract of a marriage;
b if during the abduction she is an adult, either by her self or by her husband.
If the abductor has entered into marriage with abducted woman and this marriage is governed by the provisions of the Civil Code, no sentence shall be passed unless the annulment of the marriage has been pronounced.
Art 530
1 Any minister of the religion who performs a religious ceremony relating to a marriage which may only be solemnized in the presence of the official of the registrar’s office, before the parties give proof to him that her marriage has been solemnized in the presence of such official, shall be punished by a maximum fine of three hundred rupiahs.
2 If during the commission of the misdemeanour two years have not yet elapsed since an earlier conviction of the offender on account of a similar misdemeanour has become final, may, instead of the fine, be imposed a maximum light imprisonment of two months.
Indonesia Penal Code-English-PDF.
Article 1
In this Act referred to as:
Article 2
(1) Any person who did the recruitment, transportation, shelter, transportation, transfer, or receipt of a person by threats of violence, the use of violence, abduction, confinement, forgery, fraud, abuse of power or position of vulnerability, debt bondage, or provide pay or benefits even if obtained consent of the person having control over another person, for the purpose of exploiting that person in the region Republic of Indonesia, shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 ( six hundred million rupiah). (2) If the acts referred to in paragraph (1) lead to the exploitation, the offender shall be punished by the same as referred to in paragraph (1).
Article 3
Every person who enters people into the territory of the Republic of Indonesia with a view to exploitation in the territory of the Republic of Indonesia or exploited in any other country shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and a criminal fine of at least Rp120 .000.000,00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 4
Every person who brings an Indonesian citizen outside the territory of the Republic of Indonesia with a view to exploit outside the territory of the Republic of Indonesia shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and a criminal fine of at least Rp120. 000,000.00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 5
Any person committing adoption by promising something or give something in order to be exploited is liable to imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred and twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 6
Any person sending the child into or out of the country in any manner that resulted in the exploitation of children shall be punished with imprisonment for 3 (three) years and a maximum of 15 (fifteen) years and fined at least Rp120.000.000, 00 (one hundred twenty million rupiah) and maximum Rp600.000.000, 00 (six hundred million rupiah).
Article 7
(1) If the crime referred to in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6 resulted in the victim suffered serious injuries, severe mental disorders, other infectious diseases that endanger their souls, pregnancy, or disrupted or loss of reproductive function, then the threat of criminal plus 1 / 3 (one third) of the sentence in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6.
(2) If the criminal offense referred to in Article 2 paragraph (2), Article 3, Section 4, Article 5 and Article 6 resulting in the death of the victim, shall be punished with imprisonment not less than 5 (five) years and a maximum of life imprisonment and criminal fine of at least Rp200.000.000, 00 (two hundred million rupiah) and a maximum of 5,000,000,000, 00 (five billion rupiah).
Article 8
(1) Any state officials who abuse power which resulted in a criminal act of trafficking in persons as defined in Article 2,
Section 3, Article 4, Article 5 and Article 6 of the criminal plus 1 / 3 (one third) of the sentence in Article 2, Article 3, Section 4, Article 5 and Article 6.
(2) In addition to criminal sanctions as referred to in paragraph (1) the perpetrator can be charged an additional penalty of dismissal is not with respect from his position.
(3) additional Criminal referred to in paragraph (2) are included as well in the ruling of the court.
Article 9
Anyone who is trying to mobilize others to do the criminal act of trafficking in persons, and crime did not happen, is liable to imprisonment for 1 (one) year and a maximum of 6 (six) years and fined at least Rp40.000.000, 00 (forty million rupiah) and maximum Rp240.000.000, 00 (two hundred forty million dollars).
Article 10
Everyone who helped or attempted to commit criminal acts of trafficking in persons, shall be punished by the same as referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 11
Any person who plans or do evil conspiracy to commit criminal acts of trafficking in persons, shall be punished by the same as the perpetrator referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 12
Every person who uses or exploit victims of human trafficking by way of intercourse or other lewd acts with victims of human trafficking, employing victims of human trafficking to continue the practice of exploitation, or take advantage of the proceeds of crime of trafficking in persons is liable to a criminal same as referred to in Article 2, Section 3, Article 4, Article 5 and Article 6.
Article 21.
(Amended by S.27-31 see also 390, 421) A married woman, who is not separated from bed and board, shall not have any residence other than that of her husband; minors shall follow the residence of their parents who exercise their parental authority, or that of their guardians; adults, who are under guardianship, shall follow the residence of their guardians. (Bw.106, 207, 211, 242, 298, 301, 383, 452; Civ. 108)
Article 28.
To enter into a marriage, the voluntary consent of the prospective spouses shall be required. (Bw. 61-3, 4, 62, 63-2, 65, 83, 87v., 95v., 901; Civ.146)
Article 29.
A man may not enter into marriage until he has reached the age of eighteen years and a woman may not enter into marriage until she has reached the age of fifteen years. The Governor General may, however, for significant reasons, remove this prohibition by granting a dispensation. (Gw.71; ISR.43; Bw.61-4, 62, 63-2, 65, 83, 89; BS. 55, 61; Bb.13416; Civ.144v.; W. and B.II-283)
Article 35.
(Amended by S. 27-31 see also 390, 421) Approval of the parents is required for a marriage between minor legitimate children. If only one of the parents has granted his or her approval and the other parent has been deprived of his or her parental authority or guardianship over the child, then the court of justice, within whose jurisdiction the child’s residence is located, shall be authorized, at his or her request, to extend approval for the marriage after having heard, or following proper summons of those whose approval is required including next-of-kin or relatives by marriage. In the event that one of the parents is deceased or is incapable of expressing his intent, then only the approval of the other parent shall be required. (Bw.37, 40v., 49, 61-1, 71-2, 5, 83, 91, 151, 299v., 330, 424, 458, 901; BS.61-4; Civ.850)
Article 36.
(Amended by S.27-31 see also 390, 421) In addition to the approval required in accordance with Article 35 above, where minor legitimate children are under the guardianship of someone other than their father or mother, approval of such guardian shall be required or if the marriage is to be entered into with the guardian or one of the guardian’s blood relatives in a direct line, approval from a supervisory guardian shall be required. If the guardian or supervisory guardian or the father or mother whose parental or guardianship rights have been removed refuse to grant their approval or fail to express their wishes, then the second paragraph of the aforementioned article shall apply, unless the parents, to the extent that their parental or guardianship rights have not been removed, have granted their approval. (Bw. 42, 49, 62, 71-2, 5, 83v., 91, 151, 424, 901; BS.61-4; Civ.150)
Article 37.
(Amended by S.27-31 see also 390, 421). If the *17 father and the mother are both deceased or are incapable of expressing their intent, then each of them shall be replaced by their parents, to the extent that they are still alive and are not similarly incapable. If somebody other than the aforementioned individuals holds guardianship, then the minors, in the circumstances mentioned in the previous paragraph, shall still require the approval of the guardian or supervising guardian in accordance with the distinction made in the previous article. The second paragraph of article 35 shall apply, if, those persons, whose approval is required pursuant to the first or second paragraph of this article, differ in opinion or if one or more do not express their opinion. (Bw. 49, 62, 71-2, 5, 83v., 91, 151, 424, 497, 901; BS 61-4; Civ. 150)
Article 38.
(Amended by S.27-31 see also 390, 421) If the father, mother, grandfather and grandmother are absent, or if they are incapable of expressing their wishes, then the legitimate children, to the extent that they are still minors, may not enter into matrimony, without the approval of their guardian and their supervising guardian. In the event that the guardian and the supervising guardian or either one of them refuses to grant approval or declare themselves, then at the request of the minors, the court of justice, within whose jurisdiction the residence of the minors is located, shall be authorized to grant permission for the marriage, after having heard or after having properly summoned the guardian, the supervising guardian, the blood relatives and the relatives by marriage. (Bw. 39, 49, 61-2, 63. etc.; Civ. 160; Sw.524)
Article 39.
(Amended by S.27-31 see also 390, 421) Legally acknowledged illegitimate children, shall not, while they are still minors, enter into marriage without the approval of the father and mother, by whom they have been acknowledged, to the extent that both or one of them are still alive and are capable of expressing their wishes. If, during the life of the father or the mother, by whom they have been acknowledged, somebody other than the father or mother assumes a role as their guardian, then they shall require the approval of the guardian, or in the event that it concerns a marriage to him or one of his blood relatives in the direct line, then the approval of the supervising guardian shall be required. In the event of a difference of opinion between those whose approval is required pursuant to the first and second paragraphs, and one or more refuse to grant such approval, or one or more do not declare themselves, then the court of justice, within whose jurisdiction the residence of the minors is located, shall be authorized, at the request of the minor, to grant permission to enter into the marriage, after having heard or having properly summoned those whose approval is required. In the event that the father as well as the mother, by whom the minor is acknowledged, are either deceased, or incapable of expressing their wishes, then the approval of the guardian and the supervising guardian shall be required. *18 If one or both refuse to grant approval, or do not declare themselves, then the second paragraph of article 38 shall apply, with the exception of whatever has been stipulated regarding blood relatives or relatives by marriage.
Article 40.
(Amended by S.27-31 see also 390, 421) Illegitimate children who are not acknowledged while still minors, shall not enter into marriage without the approval of their guardian or supervising guardian. If one or both refuse to grant approval or do not express their wishes, then at the request of the minor, the court of justice, within whose jurisdiction the residence of the minors is located shall grant approval thereof, after having heard or having properly summoned the guardian and supervising guardian. (Sw. 524)
Article 41.
(Amended by S.27-31 see also 390, 421) The judgments of the court of justice in the circumstances mentioned in the previous six articles, shall be passed without any form of legal procedure. The judgments shall not, regardless of whether approval is granted or refused, be subject to further appeal. (Amended by S.27-456) The hearings of those whose approval is required, as mentioned in the previous six articles, shall, if the persons being heard are located or reside outside the area in which the court of justice is established, be assigned to the residential judge and head of the local government (the assistant resident)of their location or residence. Such residential judge and head of local government (the assistant resident) shall designate the official who shall provide the minutes to the court of justice. The summoning of those whose approval is required, shall take place in the manner stipulated in article 333 in respect of blood relatives and relatives by marriage. They may also be represented in the manner stipulated in article 334.
Article 42.
(Amended by S.27-31 see also 390, 421) Legitimate children who are no longer minors, but have not reached the age of thirty years must also seek the approval of their parents in order to enter into matrimony. In the event that they are unable to obtain such approval, they may appeal to the court of justice at their place of domicile, for it’s intervention, having regard to the provisions of the following articles. (Civ. 151v.)
Article 61.
(Amended by S.16-338 see also 17-18; 17-497; 27-31 see also 390, 421) The father or the mother of a party to an intended marriage may prevent the marriage from taking place in the following events: 1. if their child, who is still a minor, has not obtained the required approval; 2. if their adult child, who has not yet reached the age of thirty years, has failed to obtain their approval and where such approval has been refused, has failed to seek the intervention of the court of justice, which is required pursuant to article 42; 3. if one of the parties due to mental incapacity has been put under guardianship, or has sought approval from the guardian who has not yet decided whether or not to grant such approval; (Bw.434) 4. if one of the parties cannot comply with the requirements to enter into a marriage in accordance with the provisions of the First Section of this Title; (Bw. 27v., 60, 62v.) 5. if the required marriage announcement has not taken place; (Bw. 52v.) 6. if one of the parties due to wasteful behavior has been put under guardianship, and the intended marriage could be damaging to their child. (Bw. 434; Civ.173) In situations where someone other than a father or mother exercises parental authority over a child, such person, being the guardian, or his replacement, being the supervising guardian, shall be deemed to have the same authority in the events specified in numbers 1, 3, 4, 5 and 6 of this article.
Article 62.
(Amended by S.17-497; 27-31 see also 390, 421) In the absence of both parents, the grandparents and the guardian or his replacement, being the supervising *23 guardian, shall be authorized to obstruct the marriage in the events stipulated in numbers 3,4,5 and 6 of the previous article. The grandparents, the guardian and the supervising guardian are, in the instance stipulated in number 1, authorized to obstruct the marriage, if their approval is required. (Civ.173)
Article 63.
(Amended by S.17-497; 27-31 see also 390, 421) In the absence of grandparents, the brothers, sisters, uncles and aunts, including the guardian, supervising guardian, conservator and supervising conservator may obstruct an intended marriage as follows: 1. if the requirements of articles 38 and 40 regarding obtaining approval for a marriage have not been complied with; 2. for the reasons specified in numbers 3,4,5 and 6 of article 61. (Bw. 58; Civ.174v.)
Article 87.
The validity of a marriage to which one or both spouses have not willingly consented may only be disputed by the spouse/spouses who have not willingly consented In the event that an individual, to whom one is married , has erred, then the validity of the marriage may only be disputed by the spouse, who has been misled by such error. In all cases indicated in this article, an individual shall not be permitted to file for annulment, if the spouses have been living together for a continuous period of three months, effective from the time the spouse obtains his or her freedom, or the error is discovered. (Bw.28, 58,61-3 and 4, 62,63-2,65,83,901;Civ.180v.)
Article 89.
If a marriage has been entered into by an individual, who has not reached the required age as stipulated in article 29, then the annulment may be *30 requested, either by the spouse who has not reached the required age, or by the prosecution counsel. The validity of the marriage, however, cannot be disputed for the following reasons: 1. if, on the date the annulment is filed for, the spouse or spouses have reached the required age; 2. if the wife, even though she has not reached the required age, becomes pregnant prior to the date of filing for annulment. (Bw.61-4, 62, 63-2, 65, 83; Civ.184v.,190)
Article 91.
(Amended by S.27-31 see also 390, 421, 456) If a marriage is concluded without the consent of the father, mother, grandparents, guardian or supervisory guardian, or without the consent or hearing of the guardian as required under articles 35, 36, 37, 38, 39 and 40, an annulment may only be sought by those whose consent or hearing is necessary in accordance with the law. The application for annulment shall not be filed by blood relatives, whose consent is required, if the marriage has been expressly or impliedly approved by them, or if six months has passed without any opposition by them, from the time that they have become aware of the marriage. With respect to a marriage concluded outside Indonesia, it shall not be assumed that the blood relatives are aware of the marriage in circumstances where the spouses have failed to have the marriage certificate copied in the public registers, in accordance with the provisions of article 84. (Bw, 35v., 61-1, 62, 63-1, 83v., 95v., 901; S.27-31 transitory provisions 1*; Civ.182v.)
Article 92.
(Amended by S.27-31 see also 390, 421) The annulment of a marriage, which has not taken place before the authorized official of the civil registry and in the presence of the required number of witnesses, may be sought by the spouses, by the father, mother and other blood relatives in the upwards line including the guardian, the supervising guardian and by those who have an interest therein, and finally by the prosecution counsel. In the event of breach of the provisions of article 76 regarding the competency of the witnesses, annulment shall not be obligatory, but the decision as to whether or not annulment shall take place shall be made by the judge taking the circumstances into account. In the event that there is physical evidence of a married status, and a certificate of marriage instituted before an official of the civil registry, is presented, then the spouses shall not be permitted, in accordance with this article, to seek annulment of this marriage. (Bw.76v., 83, 99v.; BS.13;S.27-31 transitory provisions 1*; Civ.191, 196)
Article 105.
A husband is the head of the matrimonial union. (Bw.124, 140) In this capacity he shall lend his assistance to his wife in court, or shall appear there on her behalf, subject to the exceptions described herein. (Bw.110v.; Civ.213) He shall manage his wife’s personal assets, unless otherwise stipulated. (Bw.140,194,215,244; Aut.3;LN.53-86 art.6) He shall manage the assets as a proper head of the household, and shall be responsible for any failure to do so. (Bw.195) He shall not dispose of or encumber the immovable assets, without the cooperation of his wife. (Civ.1428)
Article 106.
A wife shall obey her husband. (Bw.140; Civ.213) She is obligated to live with her husband, and shall follow him, wherever he deems fit to reside. (Bw.21,140,211v.,242; Civ.214)
Article 107.
The husband is obligated to accommodate his wife in the house that he occupies. (Bw.21) He is obligated to protect her, and to provide her with necessities, in accordance with his position and capacity. (Bw.193,213,225v.,237; Civ.214)
Article 108.
A wife, notwithstanding that she has been married on the basis that her property shall not be held in common with that of her husband or that she has been married pursuant to a prenuptial agreement, shall not, without the assistance of her husband set out in the deed, or without his written consent, give away, dispose of, encumber, acquire, whether for free or pursuant to an encumbrance. Notwithstanding that the husband has authorized his wife to execute a specific deed or agreement, the wife shall not be entitled , to receive any payment or provide any discharge thereof pursuant to such deed or agreement, without the express consent of the husband. *35 (Bw.109, 112v.,115v.,118,125,194,896,1006,1046,1171,1330v.,1446,1454,1601f,1676,1678,1684 ,1702,1722,1798;Civ.217)
Article 110. (Amended by S.38-276)
A wife may not appear in court without the assistance of her husband, notwithstanding that she has been married on the basis that her property shall not be held in common with that of her husband or that she has been married pursuant to a pre-nuptial agreement, or that she has a profession which is independent of her husband. (Bw.105, 113v., 139, 194, 1171; Rv.815; Civ.215)
Article 113. (Amended by S.38-276)
A wife, who, with the express or implied consent of her husband, has a profession which is independent of her husband, may make any kind of commitment in connection with such, without her husband’s assistance. In the event that she is married on the basis that her property will be held in common with that of her husband, then the husband shall also be bound by any commitments made by her If the husband withdraws his consent, he is required to announce such withdrawal publicly. (Bw. 108, 110, 121, 130, 132, 1330v., 1916; Rv.581; Civ. 220)
Article 1
Marriage is an inner birth bond between a man and a person women as husband and wife with the aim of forming a family (home ladder) which is happy and eternal based on the Almighty God
Article 2
(1) Marriage is valid, if performed in accordance with the respective law-each of his religions and beliefs.
(2) Every marriage is recorded in accordance with the law that happened.
Article 3
(1) In principle in a marriage a man may only have a wife. A woman can only have
a husband.
(2) The court, may give permission to a husband to marry more than one when required by the parties concerned
Article 6
(1) Marriage shall be based on the consent of both candidates the bride.
(2) To perform the marriage of a person who has not yet reached age 21 (twenty one) years must have the permission of both parents.
(3) In the event that one of the parents has died or in a state of inability to express his will, then Permission referred to in paragraph (2) of this article is sufficiently obtained from the parents who still alive or from a parent who is able to express his will.
(4) In case both parents have died or in circumstances are not able to express his will, then permission obtained from guardians, guardians or families have blood relations in a straight lineage upwards as long as they are alive and in a state of being able to express his will.
(5) In case there is a difference of opinion between the people mentioned in paragraphs (2), (3) and (4) of this article, or one or more among them did not express his opinion, then the Court in the legal area where the person who will perform will live marriage at the request of the person can grant permission after first hearing these people in verse (2), (3) and (4) of this article.
(6) The provisions of paragraph (1) up to paragraph (5) of this article shall apply throughout the law of each of his religions and beliefs of the concerned does not specify another
Article 7
(1) Marriage is only allowed if the man has reached the age of 19 (nineteen) years and the woman has reached the age of 16 (sixteen) years.
(2) In case of deviation from paragraph (1) this article may request dispensation to the Court or other Officers appointed by both parents of both men and women
(3) Provisions regarding the condition of one or both such parents in Article 6 paragraphs (3) and (4) of this Act, also applies in the case of the request for dispensation of paragraph (2) article this by not reducing what is referred to in Article 6 paragraph (6)
Article 16
(1) The designated officer is obliged to prevent its occurrence marriage when the provisions in Article 7 paragraph (1), Article 8, Article 9, Article 10 and Article 12 This law does not fulfilled.
(2) Regarding the Officer appointed as mentioned in paragraph (1) this article is further regulated in the legislation
Article 20
The registrar of marriages is not allowed to perform or helps to get married when he finds out violation of the provisions in Article 7 paragraph (1), Article 8, Article 9, Article 10 and Article 12 of this Law even though they do not exist marriage prevention
Article 27
(1) A husband or wife may apply for cancellation marriage when the marriage takes place under threat which violates the law.
(2) A husband or wife may apply for cancellation marriage if during the course of the marriage occurs misconceptions about the husband or wife.
(3) When the threat has ceased, or the offender thinks so aware of his condition, and within 6 (six) months after that he is still alive as a husband and wife, and he is not exercising its right to apply for cancellation, then his rights fall
Article 31
(1) The rights and position of the wife are balanced with the rights and the position of the husband in household life and association living together in society.
(2) Each party has the right to commit acts of law.
(3) The husband is the head of the family and the wife of the housewife
Article 34
(1) The husband must protect his wife and give everything the needs of married life according to his ability.
(2) The wife must manage the household affairs as best she can
Islamic Law Compilation
Article 2
Marriage according to Islamic law is marriage, which is a very strong contract or mitssaqan ghalidzan to obey Allah’s command and perform it is worship.
Article 3
Marriage aims to create a loving, mawaddah, and rahmah.
Article 4
Marriage is valid, if performed according to Islamic law in accordance with article 2 paragraph (1) Law No. 1 of 1974 on Marriage
Article 15
(1) For the benefit of family and household, marriage can only be done by the candidate the bride who has reached the age specified in article 7 of Law No.1 year 1974 i.e. the prospective husband is at least 19 years old and the prospective wife is at least at least 16 years old
(2) For prospective brides who have not yet reached the age of 21 must obtain such permission which is regulated in article 6 paragraphs (2), (3), (4) and (5) of Law No.1 of 1974.
Article 16
(1) Marriage is based on the consent of the bride and groom.
(2) The form of consent of the prospective bride, can be in the form of a firm and clear statement with written, oral or gesture but can also be silent in the sense as long as there is no rejection firmly
Article 70
Marriage is void when:
a. The husband is getting married, while he is not entitled to get married because he is already has four wives even if one of his four wives in iddah talak raj`i;
b. a man marries his ex-wife whom he has married;
c. a person marries his ex-wife who has been divorced three times by him, except when ex The wife once married another man and then divorced again ba`da al dukhul and man the and has expired iddahnya;
d. marriage is performed between two persons having blood relations; semenda dan breastfeeding to a certain degree that hinders marriage according to article 8 of the Law No.1 of 1974, namely:
e. the wife is a sibling or as an aunt or nephew and his wife or wives.
Article 71
A marriage can be annulled when:
a. a husband commits polygamy without the permission of the Religious Court;
b. the woman he married turned out to be known to still be the wife of another mafqud man.
c. the woman he married turned out to be still in iddah and another husband;
d. marriage that violates the marriage age limit as stipulated in article 7
Law No.1. 1974;
e. marriages are held without a guardian or performed by an unauthorized guardian;
f. marriages performed by force
Article 72
(1) A husband or wife may apply for annulment of the marriage when marriages take place under the threat of breaking the law.
(2) A husband or wife may apply for annulment of the marriage when on during the marriage there is fraud or misconception about the husband or self wife
(3) When the threat has ceased, or the offender is aware of its state and depth a period of 6 (six) months after that is still alive as husband and wife, and can not exercise his right to apply for cancellation, then his right to fall.
Article 73
Those who can apply for annulment of marriage are:
a. families in the lineage straight up and down from husband or wife;
b. Husband or wife;
c. Officials authorized to supervise the implementation of marriage in accordance with the Law.
d. stakeholders who are aware of the defects in the pillars and conditions marriage according to Islamic law and the Regulations as such in article 67.