EXPLANATION

ATASUNDANG OF THE REPUBLIC INDONESIANOMOR 1 YEAR

1974TENTANGPERKAWINAN

OVERVIEW:

1. For a country and a nation like Indonesia is an absolute existence Marriage

Lawnational yang simultaneously accommodate the principles and provide a
legal basis for a marriage that becomes a grip and has been applied to a variety
of groups in our society.
2. Today apply various marriage laws for different classes of citizens and the
various regions as follows:
a) for the First Indonesian Muslim religious laws that already apply diresipiir in
Customary Law;
b) Indonesian for people other Indigenous Customary Law applies;
c) for people Indonesia First Christian Christen Ordinance applies Huwelijks
Indonesia (S. 1933 No. 74);
d) for Foreign Easterners Chinese and Indonesian citizens of Chinese descent
applicable provisions of the Code of Civil Code with a few changes;
e) for those others Foreign Eastern and Indonesian nationals of other foreign
Asian descent apply their customary law;
f) for the people of Europe and the Indonesian citizens are of European
descent and were equated with their applicable Book of the Law of Civil Law.
3. In accordance with the foundation philosophy of Pancasila and the Constitution
of 1945, then this Act on the one hand should be able to embody the principles
of Pancasila and the Constitution of 1945, while on the other hand should be
able to also accommodate all the reality of living in society nowadays. This
marriage law has accommodated therein the elements and provisions of the Law
of His religion and Keper- cayaannya it from the individual.
4. In this Law determined principles or principles regarding marriage of everything
related to marriage that has been tailored to developments and demands of the
times.
Principles or the principles set forth in this law are as follows:
a. The purpose of marriage is to form a happy family and eternal. For that
husband and wife should help each other and complementary, so that each
can develop his personality helps and prosper sprituil and materials.
b. In this Act stated that a marriage is legal if carried out according to the law of
each religion and kepercayaannya.itu; and besides that every marriage must
be recorded in accordance with the legislation in force. Recording every
marriage is just as important events in one's life, such as birth, death stated
in the letter-a letter, an official certificate that is also included in the
recording.
c. This legislation adheres to the principle of monogamy. Only if required by the
question, because the law and religion of the relevant permit, a husband and
a wife can be more than one. However, the marriage of a husband with more
than one wife, although it was intended by the parties concerned, can only
be done if certain requirements met and decided by the Court.
d. This law adheres to the principle that the prospective husband and wife
should be ripe body and soul to be able to mate, in order to realize the goal
of marriage is good without being ended in divorce and got a good and

1| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

 healthy offspring. To that must be prevented their prospective marriage
between husband and wife who are still minors. Besides, marriage has links
with the population problem. Ternyatalah that the lower limit lobih age for a
woman to marry result in a higher birth rate. In connection with that, then this
legislation sets the limit age of marriage for both men and women, is 19
(nineteen) years for men and 16 (sixteen) years for women.
e. Because the purpose of marriage is to establish eternal family happy and
prosperous, then the law is the principle to make difficult divorce, there must
be specific reasons and should be conducted in front of the Court of Justice.
f. Rights and status of a wife are balanced with the rights and status in life
husband in the household and community association, and thus everything
in the family can be negotiated and decided upon jointly by a husband and
wife.
5. To ensure certainty hukurri, then the marriage follows everything related to
marriage that occurred prior to this Law applies, which is run according to the
existing law is valid. Similarly, if about something of this Act does not regulate
itself apply the existing provisions.

EXPLANATION ARTICLE BY ARTICLE

article 1
As a nation based on Pancasila, wherein the first Sila is on God, then the marriage
has a close relationship with religion / spirituality that marriage not only has an
important role. Form a happy family relationship with the descendants of the
meeting, which also is the purpose of marriage, Care and Education the rights and
obligations of parents.

Section 2
With perurnusan in Article 2 (1), no marriage unlawful rnasing each religion and
belief, in accordance with the Act of 1945. Referred to jurisdiction of each religion
and kepereayaannya that includes statutory provisions applicable for religious
groups and the belief that all is not contrary to or otherwise provided in this law.

Article 3
1. This law holds the principle of monogamy.
2. The court in giving judgment in addition to checking whether the conditions
mentioned in Article 4 and 5 have been met must remember also whether the
provisions of the marriage law of the husband to allow their salon polygamy.

Article 6
1. Therefore rnaksud mernpunyai marriage that the husband and wife can form a
lasting and happy family, and also in accordance with human rights, then the
marriage must be approved by both parties who hold such marriages, without
any coercion from any party. The provisions in this article, does not mean
reducing the terms of the marriage under the terms of the existing marriage laws,
the extent not inconsistent with the provisions of this Act referred to in Article 2
(1) of this Act.
2. Quite clear.
3. Quite clear.
4. Quite clear.

2| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

5. Quite clear.
6. Quite clear.

Article 7
1. To maintain the health of spouses and offspring, should be the limits of age for
marriage.
2. With the enactment of this Act, the provisions governing the granting
dispensation to the marriage referred to in paragraph (1) as stipulated in the Civil
Code Act and the Marriage Ordinance Indonesia Christian (S. 1933 No. 74)
declared invalid.
3. Quite clear.

Article 10
Therefore, marriage has the intention that the husband and wife can form an eternal
family then an action that resulted in the breakdown of a marriage should really be
considered and thought through. This provision is intended to prevent divorce action
repeatedly, so that the husband and wife really respect each other.

Article 12
The provisions of Article 12 does not reduce the provisions stipulated in Law No. 22
Year 1946 jo. Law No. 32 of 1954.

Article 22
Definition of "may" in this article could be interpreted to void or not void, where under
the terms of their religious law does not specify otherwise.

Article 29
The definition of "agreement" in this chapter does not include taklik-divorce.

Article 35
If marriage Disconnect, then the joint property is governed by statute respectively.

Article 37
What is meant by "legal" respectively; is the religious law, customary law and other
laws.

Article 39
1. Quite clear.
2. The reasons could be the basis for pereeraian are:
a. Either party commits adultery or become drunkards, compactor, gamblers
and others who are refractory;
b. One party left the other for two (2) consecutive years without the permission
of the other party and without valid reason or because of other things against
her wishes;
c. One party received jail terms of five (5) years or severe punishment libel
after the marriage took place.
d. One party inelakukan kekeiaman or serious maltreatment mernbahayakan
against the other party.
e. One party gets disabled or body, resulting in disease are unable to perform
its obligations as a husband / wife.

3| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

 f. Between husband and wife constantly disputes and quarrels and no hope of
living in harmony again in the household.
3. Quite clear.

Article 44
Obliging the court concerned to take an oath.

Article 49
What is meant by "power" in this chapter does not include powers as guardian of
marriage.

STATE GAZETTE No. 3019

PENJELASANATASPERATURAN INDONESIANOMOR 9 GOVERNMENT OF THE

REPUBLIC OF 1975TENTANGPELAKSANAAN LAW NUMBER 1 YEAR
1974TENTANG MARRIAGE

GENERAL:
To implement Law No. 1 of 1974 on Marriage, which was promulgated on January 2,
1974 is effectively still necessary implementing regulations, among others, related to
the problems of marriage documentation, procedures for the implementation of the
marriage, the procedure of divorce, how to file a lawsuit divorce, a grace period for
women who have dropped out of marriage, annulment of marriage and the
provisions in the case of a husband and a wife is more than one and so on.
This Government Regulation contains provisions on these issues, which is expected
to facilitate and secure the implementation of the Act. With the release of this
Government Regulation it was surely the commencement of the effective
implementation of Law No. 1 mentioned, is on October 1, 1975.
Due to implementation of Government Regulation is necessary preparatory
measures and a series of guidelines implementation of various Departments /
Agencies concerned, especially from the Ministry of Religious Affairs, Ministry of
Justice and Ministry of the Interior, so that everything is orderly and smoothly, it is
necessary to set a period of time six months after the enactment of this Government
Regulation to conduct the preparatory measures.

ARTICLE BY ARTICLE

Section 2
Paragraph (1) and (2)

4| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

With the existence of such provisions in this Article, registration of marriages
performed only by the two institutions, namely the Employee Registrar of Marriage,
Divorce and Refer, and the Civil Registry Office or agency / official aid.
Paragraph (3)
Thus, matters relating to the procedure for registration of marriage was basically
carried out in accordance with the aforementioned provisions of Article 3 to Article 9
of this Government Regulation, whereas special provisions concerning the
procedure for registration of marriage set out in the regulations, it is complementary
for hereof.

Article 3
Paragraph (3)
If there is a very important reason to immediately enter into marriage, although not
past 10 (ten) days, such as one of the prospective bridegroom will soon go abroad to
carry out the task of the state, then such is possible to apply for dispensation.

Article 4
In principle, the will to enter into marriage shall be made orally by one or both of the
bride, or his parents or his representative. But if for some valid reason will notice
orally to mate it is not possible, then notification can be made in writing. In addition it
is to represent the bride to let the will into marriage is a trustee or other person
designated by special authorization.

Article 5
For those who have their first name and surname, then the notice will enter into
marriage, included both forename and surname. As for those who do not have a
family name, then simply include only his first name, or the name alone.
Not their name or family name never be used as a reason for the ongoing refusal of
marriage.
Things that must be included in the notification is a minimum requirement, so it is still
possible addition of other things, such as the guardian of marriage, for those who are
Muslim.

Article 6
Paragraph (2) Letter f:
The death certificate was given by the village chief / village head covering an area
residence or previous wives. If Lurah / village chief can not provide information
referred to since the absence of reports of deaths, it can be given other legal
information, or information given under oath by the person concerned in the
presence of the Registrar Officer.

Article 7
Paragraph (2)
Referred to as "notified to the bride or to parents or to his deputy", is that the
notification regarding their marital obstacle that must be addressed and submitted to
one than those that came and the will to enter into marriage.

Article 8

5| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

The announcement of the intention is to give an opportunity for the public to know
and filed objections to the holding of such a marriage if it is contrary to the law knew
his religion or belief was concerned or conflict with other legislation.

Article 9
The announcements were made:
 In the civil registry office, whose jurisdiction covers the area where the marriage
took place, and
 In the office / offices residence registration of marriages each bride.

Article 12
Things that should be contained in the Deed of Marriage specified dalarn This Article
provides minimal so it is still possible addition of other things, such as the certificate
number, date, month, year of registration; hour, date, month and year of marriage is
done; Employee names and positions of the Registrar; Employees signatures bride
Registrar; witnesses, and for the Moslems of guardians or their representatives; form
of dowry or permission Heritage Hall for those who need it by the legislation in force.
Letter f; Approval is here expressly on a voluntary basis, free of pressure, threat or
coercion. Letter g; Minister of Defense and Security / Commander set out more
about the official designee has the right to grant permission for members of the
Armed Forces.

Article 14
The following Article Articles 15, 16, 17, and 18 set on divorce divorce.

Article 16
The Court hearing, after researching and found the grounds for divorce, and after
trying to reconcile the two sides and did not succeed, then watched divorce by her
husband was in the trial.

Article 20
Paragraph (1)
Divorce is intended to be done by a wife who enter into marriage according to Islam
and by a husband or a wife who hold marriage according to their religion or belief
that religion other than Islam.

Article 22
Paragraph (2)
The causes of discord and strife that should be considered by the judge whether it is
really influential and principled to the integrity of life of husband and wife.

Article 24
Paragraph (1)
Court permission to allow husband and wife do not dwell together in one house only
granted based on consideration for the good of the spouses and their children.
Paragraph (2)
That the divorce process is going on between the husband and wife can not be used
as an excuse for a husband for shirking its duty to provide a living for his wife.
Similarly, the duty of the husband and wife with their children. Must be taken not to
wealth whether they are owned jointly by husband and wife, as well as wealth wife or

6| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

husband be abandoned or not cared for properly, because that was not the only
cause harm to the husband and wife that it might also result in losses for third party.

Article 27
Paragraph (4)
Although the defendant or the attorney was not present, but that should not in itself
constitute grounds for divorce is granted if the claim is not based on reason or
reasons as referred to Article 19 hereof.

Article 29
Paragraph (1)
Determination of short time to hold hearings divorce lawsuit is an effort to accelerate
the process of a divorce settlement. Because the sooner the matter can be resolved
by the Court the better, not only for both the husband and wife, but for the family,
and when they have children, especially for children.
Paragraph (2)
Should the period between the submission of the call and the hearing set for both the
parties and the witnesses have enough time to organize the preparations to face
trial. Especially to the defendant must be given sufficient time to enable it better to
learn the contents of the lawsuit.

Article 30
In the face of divorce cases, litigants, the husband and wife, to attend his own trial or
accompanied by their attorney or completely submit to its power to bring the
marriage certificate / reconciliation, a marriage certificate, other certificate is
required.

Article 31
Paragraph (2)
Attempts to reconcile the husband and wife who are under investigation for the
conduct of divorce litigation is not limited to the first trial as was common in civil
cases, but at any time the case was not decided by a judge. In reconciling the two
sides Court may have recourse to some other person deemed necessary.

Article 33
If the court has been trying to achieve peace, but did not succeed, then the divorce is
examined in a closed session. Examination in a closed session is valid also for the
examination of witnesses.
If the results of the examination are reasons which can be used as the basis of the
divorce, the judge will grant the husband or wife to divorce.

Article 36
Paragraph (1)
Inauguration by the District Court against a decision of the Religious Court verdict
only when it has had the power of judges remains.
In other words, it is against a decision of courts that is appealed or appeal, the
confirmation has not been made.
The inauguration of administrative nature; District Court did not conduct re-
examination of the decision referred to the Religious Court.

7| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975

Article 37
Given that the annulment of a marriage can bring a much better result against
husband and wife and to his family, then this provision is intended to avoid the
cancellation of a marriage by another agency outside of the court.

Article 39
Paragraph (2)
For women who married and then divorced, while the woman was with her ex-
husband has never happened to have sex, then for the woman no waiting time; he
was able to mate at any time after the divorce.

Article 41
Letter c sub iii: If the certificate can not be obtained as described in sub i or ii, it can
be cultivated some other certificates according unto the court may accept it.

Article 45
In this article are regulated on penalty of fines for the bride who violates the
provisions of Article 3, 10 paragraph (3) and 40 and under penalty of imprisonment
or a fine for officials registrar marriage violates the provisions of Article 6, 7, 8, 9, 10
paragraph (1 ), 11, 13, and 44.
Officials Who violate these provisions is punishable by imprisonment for a maximum
3 (three) months or a maximum fine of Rp 7,500, - (seven thousand five hundred
rupiahs).

Article 47
With the enactment of this Government Regulation, the provisions of legislation
governing marriages that have been there, if you set up in this regulation are no
longer valid.
In addition to that mentioned above, in the case of a provision stipulated in
Government Regulation has been regulated in the laws on marriage that is then
treated this government regulation that is if:
a) existing legislation contains a similar arrangement with government regulation;
b) legislation has no regulation yet complete;
c) existing legislation is contrary to government regulation.

STATE GAZETTE No. 3050

8| Explanation of Law No. 1 of 1974 and Government Regulation No. 9 of 1975