The Legal Status of Marriages Between Indonesian Citizens and Non-Partner Foreign Nationals: A Juridical Review under the Marriage Law

Abstract

Marriages between Indonesian citizens (WNI) and foreign citizens (WNA) from non-partner countries face complex legal challenges, especially in terms of registration and recognition in Indonesia. Although Law Number 1 of 1974 concerning Marriage has regulated provisions regarding mixed marriages, its implementation is often hampered by differences in legal systems between countries, the difficulty of obtaining official documents such as the Certificate of No Impediment (CNI), the absence of diplomatic representatives from the country of origin of the WNA, and the lack of understanding of the couple regarding the required registration procedures. As a result, many marriages are not legally registered, which has implications for the legal uncertainty of the marital status and the protection of the rights of the couple and children born from the marriage. This study uses a normative legal method with a statutory approach to analyze related regulations, a conceptual approach to understand the legal impact of registration constraints, and a philosophical approach to examine the role of the state in ensuring legal certainty for mixed marriage couples. The results of the study show that there are still many obstacles in the implementation of mixed marriage regulations with foreign nationals from non-partner countries, so it is necessary to increase socialization regarding mixed marriage legal procedures, bilateral cooperation between Indonesia and non-partner countries to facilitate the processing of marriage documents, and more flexible regulations or special mechanisms for couples who experience administrative obstacles. With these steps, it is hoped that legal certainty for mixed marriage couples can be guaranteed and their rights can be optimally protected in the Indonesian legal.