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The Map of SMA/SMK Islamic Education Teachers’ Competencies in Central Java
Umi Muzayanah, Siti Muawanah, Nur Laili Noviani, Zakiyah, Setyo Boedi Oetomo, Nugroho Eko Atmanto
255
MARRIAGE PROBLEMS OF INDONESIAN CITIZENS
LIVING IN THE NETHERLANDS UNDER THE
PERSPECTIVE OF MARRIAGE LAW
Abdul Jamil Wahab1, Fakhrudin2, and Mustolehudin3
1&2Research and Development Division
and Training and Education Division,
Ministry of Religion Aairs
3Oce of Religious Research and
Development Ministry of Religious
Aairs, Semarang
ajamilwahab@gmail.com
oedein@gmail.com
mustolehuddin@gmail.com
Paper received: 27 August 2018
Paper revised: 6 – 12 December 2018
Paper approved: 26 December 2018
ABSTRACT
The present study described the process and the problems of marriage registration
for Indonesian citizens who live in the Netherlands. Through qualitative approach,
the study found that the marriage for Indonesian brides and grooms who are Muslim
in Den Haag had been recorded by the Embassy of the Republic of Indonesia in the
country. The process of delivering marriage service in the Embassy had been simple
and easy if the bride and grooms were able to provide the marriage requirements.
On the other hand, mixed-marriages were unable to be recorded in the Embassy;
however, these mixed-marriages might be recorded in Gemeente or the oce of
local authority on the country. In addition, the present study also found that several
Indonesian citizens in the Netherlands had decided to opt for sirri marriage or
religion-based marriage and thus they did not record their marriage in either the
Embassy or the Gemeente. The sirri marriage had been selected because the brides
and the grooms did not have valid administrative requirements. These brides and
grooms usually registered themselves as life partners. Socially, sirri marriage did
not have negative impacts because the partners still had social security provided by
the government; as a result, civil, social, and economic rights had not been limited.
Furthermore, the present study found that the spouses of mixed-marriages in the
Netherlands encountered conict of laws in which the Marriage Law admitted the
law of the state in which the marriage had been held but also urged the single-faith
marriage. On that basis, the present study would like to recommend reconstruction
of marriage law in Indonesia, by recognizing the marriage record that has been
legally carried out in other country.
Keywords: Mixed Marriage, Conict of Laws, Marriage Law, lex loci celebrations.
Based on Law Number 1 Year 1974 Regarding
on Marriage Law, the requirement of a valid
marriage is that the marriage should be based
on religion and held on the local institution of
marriage registration. Although the law has been
implemented for a long time (since 1974), in the
practice there are still many spouses who hold
their marriage without any registration. Through
valid marriage registration, legal certainty as well
as civil and administrative rights such as ID Card,
family card, birth certicate, passport, and alike
might be attained. On the other hand, the spouses
who do not register their marriage will encounter
many problems especially for the wife and the
children (Kustini (ed)., 2013: 121-122).
Based on these results, it is apparent that
marriage registration is very important for
Indonesian people who would like to get married
both inside and outside the jurisdiction of the
Republic of Indonesia. It is especially for the
Indonesian citizens who live outside the state,
marriage registration becomes more important
since, in addition to the detrimental impacts that
have been mentioned in the previous section,
the children from unregistered marriage abroad
might be stateless. The status of being stateless
might lead to other impacts such as inability to
Analisa Journal of Social Science and Religion
Website Journal : http://blasemarang.kemenag.go.id/journal/index.php/analisa
https://doi.org/10.18784/analisa.v3i02.662
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
256
attain education right and other civil rights.
Many people, including Indonesian citizens,
have decided to work abroad. Most of Indonesian
workers are capable to ll the segment of low-
level employment and the employment might
be in the informal sector such as household
assistant, construction worker, and plantation
workers (Sutaat et al., 2008). Sending Indonesian
workers abroad is also a policy that the Indonesian
government has implemented in order to
empower the Indonesian workers. In general, the
interests of Indonesian workers to work abroad
are inuenced by the domestic factors such as
increasing economic growth, highly limited
employment, insucient source of income, and
lack of employment channel.
Until 2018, there has not been accurate
number of Indonesian citizens who stay abroad.
However, it might be ensured that the number
of Indonesian citizens who stay abroad has
been increasing especially the citizens who stay
abroad for employment. The working Indonesian
citizens tend to be migrant workers in the
formal and informal sectors. It is predicted that
until 2014 the number of Indonesian migrant
workers has been approached 6.3 million people
spread around 28 countries of destination in
three continents namely Asia-Pacic (61.78%),
Middle-East and Africa (37.08%), and Europe
and American (1.14%). The migrant workers
that have been registered come from almost all
of the islands in Indonesia namely Java-Madura-
Bali, West and East Nusa Tenggara, Sumatera,
Borneo, and Celebes (Centre of Research and
Development, Ministry of Social Aairs, 2015: iii).
On the other hand, the Ministry of Foreign Aairs
has predicted that the number of these migrant
workers reached 12 million people (Exposition
of the Ministry of Foreign People in the Centre
of Research and Development, the Ministry of
Religion Aairs, March 2017).
In addition to bringing about positive impacts,
the practice of sending Indonesian workers
abroad also bring about negative impacts that
span from pre-departure, placement, and post-
placement/return into the Republic of Indonesia.
From numerous records in 2014, it is found that
16.86% from the number of abroad Indonesian
workers suer from several problems: disease,
unilateral termination of employment, troubling
employers, unpaid salary, sexual harassment,
violation of employment agreement, job accident,
pregnancy, abuse, forced return, immigration
problems (incomplete documents, overstay),
death sentence, and even death (Centre of
Research and Development, Ministry of Social
Aairs, 2015, iii).
Another problem that Indonesian workers
should encounter is the diculty to attain
marriage registration i.e., many Indonesian
workers who commit marriage under the hands
(marriage without the ocial registration)
whereas marriage is part of fundamental needs for
every citizen. Therefore, the provision of marriage
registration service for Indonesian citizens, both
who stay domestic and abroad, is very important
to provide. However, it is unfortunate that in
the practice many Indonesian citizens who stay
abroad tend not to register their marriage.
Committing marriage to build family and to
attain ospring is the right of everyone. Article
28 B, verse (1) of 1945 Constitution declares
that every individual holds the right to establish
family and continue their ospring through legal
marriage. Furthermore, in Law Number 39 Year
1999 on Human Rights, Article 10 declared that
marriage is one of the fundamental rights that
human beings should attain. Marriage may not
be forced since marriage may only be committed
through the free will of the bride and the groom
and marriage should be in accordance to the
government legislation (Kementerian Dalam
Negeri, 1999).
In order to ensure the provision of marriage
registration for the Indonesian citizens staying
abroad, Joint Decree from the Minister of
Religious Aairs and the Minister of Foreign
Aairs Number 589 Year 1999 and Number 182/
OT/X/99/01 Year 1999 regarding the Instruction
of Marriage Registration for the Indonesian
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
257
Citizens who Stay Abroad has been issued. In
the implementation, the Ministry of Religious
Aairs for the Republic of Indonesia has issued
the Regulation Number 463 Year 2000 regarding
Delegation of Authority on Appointment of
Marriage Registration Ocer on foreign country
has been issued. The Regulation gives authority
for the Head of Representative Assembly on
the foreign country to appoint the Marriage
Registration Ocer from the domain which is in
charge of consular matters (Kementerian Agama,
2000).
The Netherlands becomes one of the
popular destinations for most of Indonesian
citizens. Many Indonesian citizens come to the
Netherlands for work or study in the universities
based on the data from the Central Bureau of
Statistics for the Netherlands (Soraya, 2016).
Although Marriage Registration Ocer has been
assigned in the Netherlands, it is a dicult matter
for Indonesian citizens to register their marriage
whereas marriage registration is part of their
civil rights. Not to mention, it is apparent that
marriage registration has not been given attention
and solution from the representative oce of
Indonesian authority on the foreign country. This
case is dierent than the case of national election
(legislative election or presidential election); for
the case of national election, the representative
oce of Indonesian authority will be pro-active
in socializing the national election through drop
box. Similarly, in the case of passport settlement
for Indonesian workers the representative
oce of Indonesian authority will reach out
the Indonesian workers by visiting the enclaves
where these workers have been staying (Soraya,
2016).
Central Bureau of Statistics for Netherlands
(Centraal Bureau van Statistiekl) in 2015 has
registered 12,016 Indonesian citizens who were
asking for residence permit in the country; the
number has not included the undocumented
Indonesian citizens. Therefore, it is important
to study the problems of marriage registration
for the Indonesian citizens who have been living
in the Netherlands (Kementerian Dalam Negeri,
2016).
From the above elaboration, there are three
problems that might be formulated. The rst
problem is: What is the role of the representative
oce of Indonesian authority in the process of
registering the marriage of Indonesian citizens in
the Netherlands? The second problem is: What
are the problems that the Indonesian citizens
encounter in registering their marriage in the
Netherlands? Next, the third problem is: What
will be the implications on the civil rights of the
Indonesian citizens if the Indonesian citizens do
not register their marriage? In relation to these
problems, the objectives of the present study are
to describe the role of the representative oce of
Indonesian authority in the process of registering
the marriage of Indonesian citizens in the
Netherlands, to describe the problems that the
Indonesian citizens encounter in registering their
marriage in the Netherlands, and to describe the
implications on the civil rights of the Indonesian
citizens if the Indonesian citizens do not register
their marriage.
The study is necessary in order to observe the
process of marriage registration, the supporting
and inhibiting factors within the marriage
registration, and the implication for the spouses
or the families who do not wish to register the
marriage. The results of the study are necessary
for providing input of policies about the eorts
that the Indonesian authority should pursue,
especially for the Ministry of Religious Aairs
for the Republic of Indonesia in registering the
marriages of the Indonesian citizens who have
been living abroad.
Literature Review
Study on marriage problems among
Indonesian citizens living abroad, especially
among Indonesian citizens who stay in the
Netherlands, has not been much discussed. With
regards to the topic, one of several studies that
share similarities to the present study is a study
about marriage migration by Mudzakkir (2016).
His study has discussed the discourse and the
experience of mixed-marriage among Indonesian
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
258
women in the Netherlands. Mudzakkir (2016)
found that at least there had been three arenas
that established the practice of mixed-marriage
namely colonial/postcolonial discourse, marriage
law, and migration policy. The study by Mudzakkir
underlined the importance of behavioural aspects
within the marriage migration that inuenced the
dierent experience in each individual within the
practice (Mudzakkir, 2016: 13).
Another study was conducted by Abadi
(2007). His writing was about cross marriage
in Sumenep. From the study, he found that
there had been cross marriage among Chinese,
Arabian, Indian, Javanese, and Madurese
community in Sumenep. The cross marriage in a
long-term mixture had resulted in a multicultural
society. Furthermore, the culture of Sumenep had
appeared with peculiar characteristics in terms of
cultural entity. The elements of Sumenep/Madura
culture were still apparent but these elements
had developed beyond the original cultural entity
of Sumenep/Madura.
Next, a study done by Basarah (2014)
criticized Marriage Law Article 2 Paragraph
1. Through the study, Basarah concluded that
Marriage Law had been a new legal product and
had been the amendment on the Code of Civil
Law, which also regulated marriage, several
matters that might be conicting would arise and
the conict might be found, for example, on the
concept of marriage in the Code of Civil Law that
acknowledge societal division, on the principle of
Bhinneka Tunggal Ika (Unity in Diversity) that
had been the consideration within the Marriage
Law, on the denition of discrimination as having
been formulated in Law Number 39 Year 1999
regarding Human Rights, and on the concept of
Human Rights. The study by Basarah prioritized
more on the aspects of human rights rather than
the aspects of Marriage Law (Basarah, 2014: 205).
A study conducted by Latumahina was
conducted toward the civil relationship between
extra-marriage children and their parents; the
study was a comparative study on familial law in
the Netherlands. The results of his study showed
that the regulation on the civil relationship
between extra-marriage children and their
parents in the Netherlands had provided better
legal protection and legal certainty for the
extra-marriage children in comparison to the
Indonesian law system. The study by Latumahina
at least might be much related to the present
study and might serve as meaningful matter of
reference (Latumahina, 2018: 182).
Another study on mixed-marriage that might
be relevant to the present study is a study done
by Triadi et al. (2016: 1). In their study, it was
found that Law Number 12 Year 2006 regarding
Indonesian Citizenship provides assurance of
citizenship status for the women who have been
involved and the children who have come from
mixed-marriages. Based on the law, it is stated
that Indonesian women are given opportunity to
hold their citizenship status and their children
who come from the mixed-marriage will have the
rights to attain their citizenship status. The study
by Triadi et al. (2016) theoretically supports the
present study; however, the aspects that have been
discussed in their study are more on the marriage
law rather than the case of mixed-marriages that
have been committed on the foreign country.
The studies on such issue that have been
previously discussed might serve as the starting
point in investigating the process and the problems
of mixed-marriage registration that Indonesian
citizens commit in the Netherlands. The topic in
the present study will be a dierentiator between
the present study and the previous studies.
In addition, the present study might provide
suggestions for the Indonesian government in
protecting the Indonesian citizens in relation to
the mixed-marriages both the single faith-based
ones and the double faith-based ones that involve
dierent citizenship status.
Marriage Registration in the Foreign
Country
Marriage is a spiritual bond between husband
and wife in establishing a happy and everlasting
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
259
family based on the principle that God is the One
and only Supreme Being (Marriage Law Number
1 Year 1974). A marriage is held accountable if
the marriage is committed under the law of each
religion and faith and is registered based on the
governing legislation. In order to protect the
spouses who have committed their marriage, in
Article 2 paragraph (2) of Law Number 1 Year
1974 regarding Marriage it is stated that every
marriage should be registered according to the
requirements of the governing regulation. Based
on the law, every marriage should be registered.
Marriage that Indonesian citizens commit on
the foreign country might be acknowledged as an
ocial marriage if the marriage has been registered
to the local registration institution and has been
provided with marriage. The requirement has been
stated in Article 56 Paragraph (1) of Law Number
1 Year 1975 regarding Marriage. In this article, it
is mentioned that the marriage that is committed
on the foreign country will be considered legal if:
(1) the marriage has been committed according
to the governing legal requirement on the
foreign country where the marriage takes place;
and 2) the Indonesian citizens who commit the
marriage on the foreign country do not violate the
legal requirements that have been stated in the
Marriage Law (Departemen Agama, 1975).
Based on the Marriage Law, the marriage that
has been committed on the foreign country should
meet the legal requirements of the Republic of
Indonesia in addition to the legal requirements
of the governing authority in the foreign land
(Departemen Agama, 1974). Therefore, it is very
possible that the formally legal marriage on the
foreign country may be considered illegal before
the Indonesian legal system (please consult
Article 2 of Marriage Law).
The marriage registration for the fellow
Muslim people has been arranged in the Joint
Decree of the Minister of Religion Aairs and
the Minister of Foreign Aairs Number 589 Year
1999 and Number 182/OT/X/99/01 Year 1991
regarding Technical Instructions of Indonesian
Citizens Marriage on the Foreign Country. The
decision in the Joint Decree has been supported
as well by the issuance of the Minister of Religion
Aairs Decree Number 463 Year 2000 regarding
the Delegation of Authority on the Appointment
of Marriage Registration Oce on the Foreign
Land. Based on the Joint Decree and the Minister
of Religion Aairs Decree, the Muslim Indonesian
citizens who intend to commit their marriage on
the foreign country should register their marriage
to the Marriage Registration Ocer from the
consular unit on the foreign country where they
stay (Kementerian Agama, 1999).
On the other hand, the requirements for
the registration of the marriage between the
Muslim Indonesian citizen and the non-Muslim
Indonesian citizen on the foreign country have been
regulated in the Presidential Decree Number 25
Year 2008. In this Presidential Decree, it is stated
that the marriage of Indonesian citizens that takes
place on the foreign country should be registered
to the authorized institution of the local country
and should be reported to the Representative of
the Republic of Indonesia. If the country does not
acknowledge the marriage of fellow Indonesian
citizens, the registration should be conducted by
the Representative of the Republic of Indonesia.
Afterwards, the Representative of the Republic
of Indonesia shall register the marriage into
the Register of Marriage Certicate. Then, the
Copy of Marriage Certicate shall be issued. In
addition to the requirements, based on Article 56
Paragraph (2) of Marriage Law and Article 37 of
Law Number 23 Year 2006 regarding Residential
Administrative it is mentioned that within one
year after the husband and the wife has returned
to the country of the Republic of Indonesia their
marriage certicate should be registered to the
oce of marriage registration in which they live
(Kementerian Agama, 2006).
From the above elaboration, it is apparent
that there are several processes that Indonesian
citizens should complete when they want to
register their marriage on the foreign country.
First, the Indonesian citizens should register their
marriage to the authorized institution of the local
country where they live and should report their
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
260
marriage registration to the Representative of
the Republic of Indonesia. Second, if the country
where the Indonesian citizens live does not
acknowledge marriage registration for foreign
citizens, the registration should be legalized by
the Representative of Republic of Indonesia.
Subsequently, the Representative of Republic of
Indonesia will input the marriage registration
to the Register of Marriage Certicate and
issue the Copy of Marriage Certicate. Third, if
the Indonesian citizens who have committed
their marriage on the foreign country return
to Indonesia they should report to the acting
institution where they live within 30 days after
their arrival.
The term legal eectivity theory comes
from English. In Dutch the term is known as
eectiviteit van de jurisdischetheorie. On the
other hand, in German the term is known as
wirksamkeit der rechtlichentheorie. Basically,
from the three terms regarding the eectiveness
of legal theory there are three important elements
namely legal, eectivity, and theory. According to
the Great Dictionary of Indonesian language, the
term eectiveness leads to two meanings namely
eective and eectiveness. The term eective
bears the following implication: (1) having eect
(inuence and impression); (2) being ecacious;
(3) bringing about results, being powerful; and (4)
being implemented (with regards to regulation
and legislation). On the other hand, the term
eectivity bears the following implication: (1)
inuencing situation, having impression; (2)
ecacy; (3) success (action, eort); and (4)
implementation (with regards to regulation
and legislation) (Department of Education and
Culture, 1989: 219).
Regarding legal eectivity theory Anthony
Allot stated that:
“Law will be eective if the objective, the pres-
ence, and the implementation of the law is able
to prevent undesired behaviours and is able to
eliminate chaos. An eective law in general is able
to manifest anything that has been designed” (Li-
wupung, nd: 80).
Similarly, Hans Kalsen dened legal
eectivity as follows:
“The situation in which whether people in the re-
ality commit any action that, according to certain
manner, intends to avoid the penalties which have
been imposed by the legal norms or the non-legal
norms and whether the penalties should be fully
exerted if the requirements for the penalty impo-
sition have been fully completed or have not been
fully completed” (Kelsen, 2006: 39).
Based on the two theories, it might be
understood that legal eectivity theory refers to
the theory that studies and analyses the success,
the failure, and the factors that inuence the law
implementation.
The law that has been implemented in a
country governs all citizens since the principle
is equality before the law. However, in the
practice the legislation that has been designed
suers from violation for most of the time; as
a result, the legislation becomes ineective.
The ineectiveness of the legislation might be
caused by the fact that the legal materials are
unclear, the law enforcement apparatus are
inconsistent, and/or the society does not support
the implementation of the legislation.
Lawrence M. Friedman (2001: 7 – 9) stated
three elements that should be given attention
in the eorts of law enforcement and the three
elements are legal structure, legal substance,
and legal culture. Paying attention to the three
elements of law enforcement are very important
because the ecacy of law implementation
heavily depends on the three elements.
The success or the eectiveness of law
implementation refers to the situation in which
the law that has been already achieves the
desired intention since the intention of legal
norms is to regulate human interest. If the
legal norms have been implemented by the law
enforcement apparatus and the society, then the
law implementation will be considered eective.
Then, with regards to the case of the study, the
legal eectivity theory will serve as the analytical
device in viewing the process and the problems of
marriage registration for Indonesian citizens in
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
261
the Netherlands. In the present study, the legal
norms will refer to the legal norms that have been
formulated in Law Number 1 Year 1974 regarding
Marriage and its legal derivation.
The descriptive qualitative study might
be considered as an empirical legal study; as a
result, the approach that should be adopted was
the juridical sociological approach. Through
the juridical sociological approach, a study
was conducted toward the implementation of
the legal norms that had been contain in Law
Number 1 Year 1974 regarding Marriage and its
legal derivation. In the same time, the study also
aorded to link the problems (please consult
the problem formulations of the study) and
the real conditions that had been found in the
eld especially in the research site namely the
Netherlands.
The data in the study were gathered
through observation, interview, and library
study. The observation was conducted on the
Oce of the Republic of Indonesia Embassy in
the Netherlands and the activity of marriage
registration. Next, the interview involved the
Marriage Registration Ocer and the Headman
in the Indonesian Embassy located in Den Haag,
the religious gures, the Caretakers of PPME and
of religious institutions in the Netherlands, and
several Indonesian citizens who had committed
both the fellow Muslim marriage and the mixed-
marriage. The total number of the informants
was 19 people. Last but not the least, the library
study involved several books, results from several
studies, and documents that had been relevant to
the case of the study.
After having been gathered, the data were
analysed through a process known as data
reduction. In the data reduction, the data that
had been relevant to the subjects of the study
were selected while the data that had not been
relevant were eliminated. Afterwards, the data
reduced were categorized based on the items in
the study. Subsequently, the data that had been
categorized were process by using the descriptive
analytical approach.
The study took place in Den Haag, Leiden, and
Amsterdam. These cities were selected because
there have been many Indonesian citizens who
live there. As a result, it might be assumed that
there have been many problems in relation to
marriage registration of Indonesian citizens.
The History of Indonesian Citizens
Arrival in the Netherlands
The Dutch used to explore the world in the
16th Century. At the beginning, the exploration
was conducted on the behalf of trading mission;
however, the exploration turned into an expansion
and occupation on the areas that produced the
trading commodities. The mobility of the Dutch
people from that very century had opened wider
connection between the Dutch and the people
from other nations throughout the world and one
of the countries that had been visited by the Dutch
was the Archipelago. Arriving at the 17th Century,
the Dutch trading company known as VOC had
been evolving especially in terms of power on
the occupied areas. As a result, the intensity
of the relationship between the Dutch and the
archipelagic people increased. Unfortunately,
the relationship had been imbalanced because
since the beginning the Dutch became the lord
while the archipelagic people became the vassal
due to the Dutch occupation. During this period,
Archipelagic or Indonesian people started
travelling to the Netherlands; however, the
Archipelagic or Indonesian people who came to
the Netherlands were the servants who had been
brought by their Dutch masters (Nurlaili, 2016).
Approaching the end of 19th Century, along
with the appearance of liberal movement in
the Netherlands a new policy known as De
Ethische Politiek or Politics of Goodwill came
to surface. The Dutch people started thinking
about the goodwill that they should display as
their thankfulness for the nation who had been
contributing a lot of prots to their country. A
number of schools were established in Indonesia.
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
262
Consequently, the Indonesian or Archipelagic
people who came to Netherlands were not only
servants or maid but also students who had
mostly been from the royal family (Interview with
Abdullah on April 28, 2017).
In the midst of 20th Century, after the
Declaration of Indonesian Independence in
1945 the relationship between Indonesia and the
Netherlands changed. The arrival of Indonesian
people to the Netherlands was more of the symbol
for the ambassador of an independent country
with equal footing. The Republic of Indonesia
Embassy for the Netherlands was opened in
Den Haag on 1950. The opening of the embassy
marked the improving relationship between the
two nations that had previously been hostile
before and during the Independence Day, namely
from August 17th, 1945 until 1949. The number of
Indonesian citizens who came to the Netherlands
had been increasing since 1950s, especially the
citizens who were the descendants of mixed-
marriage between Indonesian and Dutch People
(known as Indo) and ex-KNIL (Koninklijk
Netherlandssche-Indische Leger) troopers from
Moluccas. The number of KNIL troopers who
came to the Netherlands was around 3,500 people
(now the descendants of these KNIL troopers have
been around 60,000 people and they have been
registered as Dutch citizens). The migration of
Indonesian citizens to the Netherlands had been
increasing, especially since 1970. The reason was
that the employment in the Netherlands had been
widely opening. In addition, many university
students came to the Netherlands but did not
return to Indonesia because they have already
established and felt comfortable with their lives
in the country (Wibowo, 2018).
The Netherlands is one of the European
countries that have drawn the interest of
tourists throughout the world. In addition,
many immigrants from the nations all round the
world decide to live in the Netherlands. These
immigrants have been established with their
lives in the country; as a result, the Netherlands
now is also known as a multi-ethnic country.
These immigrants do not only come from
fellow European countries but also come from
Turkey, Morocco, Suriname, Pakistan, and Egypt
(Statistics the Netherlands, 2018).
The number of Indonesian citizens who
come to and even stay permanently in the
Netherlands has been increasing. Based on
the data from 2009 National Election, the
numbers of Indonesian passport-holders in the
Netherlands were around 15,000 people (Putra,
2015). Not to mention, Indonesian citizens are
the third biggest immigrants in the Netherlands
after Morocconian and Turkish. Nowadays, based
on the data from Central Bureau of Statistics the
Netherlands (Centraal Bureau van Statistiekl) in
2015 there were 12,016 Indonesian citizens who
had living permit in the country. This gure had
not included the Indonesian citizens who did
not report their presence in the country. There
were only some Indonesian citizens who had the
awareness to report important incidents that
had been related to their presence. The reason is
that they do not only have minimum knowledge
with regards to the reporting mechanism but
also suer from long distance and reluctance to
spare specic time for dealing with the reporting
mechanism. Not to mention, there are still many
Indonesian citizens who do not have Central
Number of Identication (NIK, Nomor Induk
Kependudukan) in the country. Apart from these
situations, there is a rumour that there have been
1.7 million Dutch people who have relationship
to Indonesia. In the same time, the Dutch people
also warmly welcome Indonesian people. For the
Dutch people, Indonesian people are the most
favourable immigrants due to their courtesy and
politeness (Statistics the Netherlands, 2018).
In sum, the Indonesian people who come
to the Netherlands have various background
and objectives. First, during the colonial era the
Indonesian people have been brought as servants
or maids. Second, the Indonesian people have
come as students but then they have decided to stay
and live in the Netherlands. Third, the Indonesian
people who have came to the Netherlands are
the descendants of mixed-marriage between
Indonesian and the Netherlands people and also
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
263
of ex-KNIL troopers; these people left Indonesia
during the reign of Old Order. Fourth, there are
Indonesian people who come to the Netherlands
but later they decide to spend their lives in the
country (Arief, 2010).
In the present time, generally Indonesian
people come to the Netherlands as workers. The
factors that drive the departure of Indonesian
people to the Netherlands are high salary, high
exchange rate from Euro to Rupiah, legal certainty
and enforcement, very sucient facilities
that support the daily life, presence of social
security during the unemployment, educational
allowance, and clean environment. These factors
nally have encouraged the Indonesian people to
decide to stay in the Netherlands (Putra, 2015).
The Role of the Republic of Indonesia
Embassy in Den Haag in Marriage
Registration
According to the requirements issued by
the Joint Decree between Minister of Religion
Aairs and Minister of Foreign Aairs Republic
of Indonesia Number 589 Year 1999 and Number
182/OT/99/01 Year 1999, the location of marriage
registration on foreign country is the Republic
of Indonesian Embassy or the Representative
of Indonesian Authority on the foreign country.
Based on these requirements, the Indonesian
citizens who live in the Netherlands and want to
get married should register their marriage in the
Republic of Indonesian Embassy in Den Haag
(Interview with Nurhasyim on April 25, 2017).
Accordingly, for the Minister of Religion
Aairs Republic of Indonesia Decree Number
463 Year 2000, delegation of Authority for the
Appointment of Marriage Registration Ocer on
foreign country, in the Netherlands an ocer has
been appointed and the ocer is the individual
who has expertise on the consular domain within
the scope of the Oce of Indonesian Authority
Representative. Furthermore, the Decree also
states that if the Marriage Registration Ocer
does not master the munakahat law and/or due
to the area coverage the Marriage Registration
Ocer is unable to perform his duties then
the Chief of the Oce of Indonesian Authority
Representative is allowed to appoint Assistant
Marriage Registration Ocer who then shall serve
as the headman. Based on the requirements, the
Republic of Indonesian Embassy in Den Haag has
appointed Mr. June Kuncoro Hadiningrat as the
Marriage Registration Ocer and Mr. Nurhasyim
Subadi as the Headman (Interview with Kuncoro
Hadiningrat on April 28, 2017).
The Republic of Indonesia Embassy oce
is located in Banstraat Street, Den Haag, the
Netherlands. The distance between the Embassy
Oce and the Central Den Haag area is around
5 kilometres. The Embassy Oce opens daily
during the oce hours in order to deliver the
service for the Indonesian citizens who live
in the Netherlands and the service that the
Embassy Oce delivers includes passport and
visa validation, marriage registration for fellow
Indonesian citizens, birth certicate registration,
marriage registration certicate, corpse/ash
shipping permit to Indonesia, divorce registration
certicate, mutation certication, document
legalization, copy of document validation, and
alike.
The Consular Department of the Republic of
Indonesia Embassy may register marriage if both
the groom and the bride are Indonesian citizens,
Muslim, and they meet the requirements that
have been stated in the Marriage Law No. 1/1974.
For the marriage that is held by the Indonesian
Embassy, the Consular Department shall provide
Marriage Book to the bride and the groom as
having been issued by the Oce of Religion
Aairs (KUA, Kantor Urusan Agama) for each
marriage of Muslim spouses in Indonesia. This
provision is in accordance to the regulations
that have been issued by the Dutch Government,
namely if the bride or the groom or if both of the
bride and the groom are Dutch citizens or the
citizens from other country then their marriage
should be registered in Gemeente (local oce of
Dutch authority).
From the above paragraph, it is clear that
the Indonesian spouses are both Muslim then
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
264
their marriage registration will be at the service
by the Indonesian Embassy. However, the
spouses should notify their marriage rst to the
Embassy. The marriage notication might be
done by completing the following administrative
requirements (Interview with Nurhasyim on
April 26, 2017):
1. Copy of valid passport
2. Copy of living permit (policemen ID card)
or copy of ID card for Indonesian citizens
3. Birth certicate
4. Proposal to the Head of Consular
Department of the Republic of Indonesia
Embassy with regards to marriage
5. Four 4x6-sized photos and four 2x3-sized
photos
6. Obit of previous husband or wife or
divorce papers for the case of divorce with
regards to the second marriage or more
(for example: if the obit or the divorce
papers has or have been issued for more
than six months then the letter or the
papers should be supplied by widow/
widower statement which conrms the
state of not getting married in the present
time)
7. For the Dutch citizens, a statement from
the Gemeente in the form of a copy
of residential identity (Uittrekseluit
Bevolkungs register) along with the
notication of nationality and marital
status
8. Statement of approval by the Oce of
Religion Aairs to hold the marriage
in the Republic of Indonesia Embassy
Den Haag (for the spouses who live in
Indonesia)
9. Statement of proposal from the father of
the bride or the bride herself to the Head
of Consular Department/the Headman
oftheRepublic of Indonesia Embassy to
conduct the marriage ceremony or to
serve as trustee (if the parents are absent)
The forms that should be submitted as part of
marriage registration requirements are arranged
in the paragraphs of Minister of Religion Aairs
Decree No.3/1975. These requirements are:
1. Statement of approval from both the
bride and the groom
2. Statement of marriage from the Chief of
Village in which the bride and the groom
have been living (Na Model)
3. Statement of parental status (Nh Model)
4. Statement of origin (Nf Model)
5. Marriage conduct within 10 days after
notication
In addition to the above requirements, both
the bride and the groom should also meet the
requirements that have been regulated by Law of
Marriage Republic of Indonesia (Law No. 1 Year
1974).
Up to the present time, the Republic
of Indonesia Embassy has been delivering
the service of marriage registration for the
Indonesian citizens. The Indonesian spouses
who register their marriage are not numerous.
Based on the registration of Marriage Certicate
in the Republic of Indonesia Embassy, from
1992 until the present day there are only 1 until 7
people registering their marriage in each year. In
average, there are only three spouses who register
their marriage in each year. This gure is indeed
smaller than the number of Indonesian citizens
who register their marriage in the Gemeente
or the oce of local authority (Interview with
Nurhasyim on April 26, 2017).
In line with the regulations stated by the
Dutch authority, with regards to the Indonesian
citizens who marry the Dutch citizens or other
citizens (mixed-marriage) or the marriage of
Indonesian citizens who are non-Muslim, the
registration of their marriage will be committed
by the oce of Dutch authority instead of the
Indonesian embassy. The number of Indonesian
citizens who register their marriage in the oce
of local authority (Gemeente) is higher than
the number of Indonesian citizens who register
their marriage in the Indonesian embassy. As a
matter of comparison, based on the data from
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
265
the Republic of Indonesia Embassy in 2015 the
number of Indonesian citizens who registered
their marriage was 47 people, in 2016 65 people,
and in 2017 (until the end of April) 18 spouses.
Furthermore, based on the requirements by the
Indonesian authority the Indonesian citizens who
the mosque or the house. The procession would
be attended by two ocers from the Indonesian
Embassy who serving as the Headman and the
Marriage Registration Ocer altogether with
the relatives from both the bride and the groom.
Generally, the procession would not demand
the presence of a trustee. Due to the expensive
transportation cost and the busy activities, the
trustee did not come to the Netherlands but,
instead, stayed in Indonesia; as a result, he would
be unable to attend the marriage procession.
Therefore, the Indonesian Embassy should
conrm the presence of the trustee rst via phone
call. By the time that the trustee had conrmed his
absence, the trustee has delegated his authority
over the marriage procession to the headman so
that the headman might lead the procession of
ijab-qabul. After the procession had been ended,
the husband and the wife were provided with the
marriage book from the Indonesian Embassy.
Most of the Muslim marriage processions
were held in the mosque. There are several
mosques in the Netherlands and one of them is
Al-Hikmah Mosque in Den Haag. There were so
many Muslim marriage processions held in this
mosque. The mosque was established in 1995. At
the beginning, the Indonesian Muslim people only
had one mosque i.e., Musholla Al-Ittihad. Over
the time, the mosque was not sucient anymore
for the Muslim people to perform their prayers
No Year Marriage Registration in
the Indonesian Embassy Marriage Registration in the Gemeente
12015 0 47
22016 7 65
32017 (until April) 1 18
register their marriage in the Gemeente should
report their marriage to the Indonesian Embassy.
In the subsequent process, the Republic of
Indonesia embassy will issue Copy of Marriage
Registration on Foreign Country (Interview with
Nurhasyim on April 26, 2017).
Table 1. Number of Indonesian Citizens Marriage within the Last Three Years
Source: Republic of Indonesia Embassy Den Haag, April 2017
Marriage of Indonesian Citizens in the
Netherlands
As having been explained previously, there
are Indonesian citizens who register their
marriage in the Indonesian Embassy and there
are other Indonesian citizens who register
their marriage in the Gemeente. The process of
marriage registration for the Indonesian citizens
who live in the Netherlands is not complicated.
Several informants mentioned that when they
came and informed that they wanted to commit
their marriage, the Indonesian Embassy would
provide them with guidance and direction. At
that moment, the Indonesian Embassy explained
the requirements that the spouses should
complete, especially the documents that should
provide from Indonesia. If the requirements had
been completed, the Indonesian embassy would
schedule their marriage at least within 10 days.
Afterwards, the Indonesian Embassy would
notify the marriage of the Indonesian citizens in
several media such as the ocial website of the
Republic of Indonesia Embassy, the notication
board in the Republic of Indonesia Embassy, and
the notication board in the mosques around Den
Haag.
According to the time agreed between the
bridge and the groom and also the Indonesian
Embassy, the marriage procession can be carried
out. Usually, the procession took place in either
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
266
since the number of Indonesian Muslims has
been increasing at that time in the Netherlands.
To construct a new building in the Netherlands
was not easy whereas at the same time there were
so many churches that have not been in function
anymore and therefore has been put on sale. One
of the churches was the Immanuel Church.
In 1995, Probosutedjo, one of the Indonesian
businessmen, bought the church and gave it to
the Indonesian Muslims on the behalf of his elder
brother, R.H. Haris Sutjipto, who passed away in
Leiden on December 1995 after having treatment
there. Since the building was originally a church,
from the outside the newly bought Al-Hikmah
Mosque was unlike any typical mosque; the
original construction of Al-Hikmah Mosque was
two-story building without any dome. After the
Muslim people entered the mosque, the design
of any typical mosque came to surface; inside,
the Indonesian Muslims found the mihrab and
the sajadah (prayer mattress). The mosque was
handed over by Probosutedjo to the Indonesian
Muslims on July 1st, 1996. Nowadays, in every
compulsory ve-time prayer (sholat rawatib) the
mosque will always be full of people performing
prayer, not only by the Indonesian Muslims but
also the Muslims from other countries (Interview
with Nurhasyim on April 26, 2017).
From the above explanation, it might
be concluded that the process of marriage
registration for the Indonesian citizens in the
Republic of Indonesia Embassy is simple and
not complicate as long as the requirements are
complete. The Indonesian Embassy also provides
consultation for the spouses who have diculties
in completing the administrative requirements.
Then, with regards to charge, according to the
spouses who married in 2012 the charge for
the marriage registration in the Republic of
Indonesia Embassy was € 35.00. However, based
on the letter of notication that has been issued
by the Head of Indonesian Representative Oce
the charge for marriage registration is € 0.00
(Interview with Abdullah on April 28, 2017).
For the marriage registration of fellow
Indonesian citizens, the Indonesian Embassy
also provide the service to the Indonesian citizens
who have ocial living permit in the Netherlands
provided by the Gemeente and also to the
Indonesian citizens who do not have the ocial
living permit (undocumented living permit).
The principle is that the Republic of Indonesia
Embassy delivers all of the necessary service to
the Indonesian citizens who live in Netherlands
as long as they have the complete administrative
requirements for the marriage registration.
If the requirements are not complete, the
Indonesian Embassy shall deny the proposal of
marriage registration. The Indonesian citizens
who do not have complete administrative
requirements, they will usually prefer to commit
the sirri (unocial) marriage and this kind of
marriage will not be registered. The number of
Indonesian citizens who commit such marriage
is still unknown. One of the informants stated
that in one year usually he witnessed one sirri
marriage procession or two committed by the
Indonesian citizens.
Marriage Registration for Mixed
Marriage
There are dierent principles applied onto
the personal status in several countries. Several
countries have implemented the principle of
nationality, while several other countries have
implemented the principle of residence. For the
countries that have implemented the principle of
nationality, the personal status of an individual
is dened by the national law. On the other
hand, for the countries that have implemented
the principle of residence the personal status of
an individual is dened by the governing law in
his or her state of residence. Then, the examples
of the countries that have implemented the
principle of nationality are France, Italy and
their occupied lands, Belgium, Luxembourg,
Monaco, the Netherlands and their occupied
lands, Bulgaria, Finland, Greece, Hungary,
Spain, Sweden, Turkey, Japan, and several Latin
America countries. These countries in general
implement the Civic Law System, namely the law
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Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
267
system that subjects to the governing law of the
related individuals (Wahyuni, 2016: 20).
On the contrary, the countries which have
applied the principle of residence are England and
their conquered lands, Scotland, South Africa,
Canada, Denmark, Norway, Brazil, Guatemala,
Nicaragua, Paraguay, Argentine, Bolivia, and
Peru. These countries implement the Common
Law System, namely a law system in which every
individual who lives there should subject to the
governing law of these countries (Wahyuni, 2016:
20).
The Netherlands is a country that adopts
Civic Law System. As a result, the law that
applied in the country for the immigrants is the
law of the immigrants’ country. In relation to the
system, for the Indonesian citizens who want to
get married in the Netherlands they should abide
to the marriage law that has been implemented
in Indonesia. The consequence is that the
fellow Muslim Indonesians might commit their
marriage in the Republic of Indonesia Embassy
while the Indonesian citizens who might be
involved in a mixed-marriage should commit
their marriage in the Gemeente (Interview with
Kuncoro Hadiningrat on April 28, 2017).
The mixed-marriage might be committed
both on the foreign country or the Indonesian
country. When the mixed-marriage is committed
on the foreign country, the mixed-marriage will be
legal if the marriage is committed in accordance
to the governing law of the foreign country on
which the Indonesian citizens have been living
and the Indonesian citizens do not violate Article
56 of Marriage Law.
The requirements of mixed-marriage have
been dened in the Marriage Law. According
to Article 56 Paragraph (1), it is stated that: the
marriage between two Indonesian citizens or
between an Indonesian citizen and a foreign
citizen will be legal if the marriage is committed
according to the law of the country in which the
marriage takes place and if the Indonesian citizens
do not violate the requirements in the Marriage
Law. From this paragraph, it might be realized
that a mixed-marriage will be considered legal
if the mixed-marriage is committed according to
the legal requirements of the country in which
the marriage is committed (Departemen Agama,
1974).
Furthermore, in Article 57 the term mixed-
marriage is dened as the marriage between two
individuals in Indonesia that subjects to dierent
legal system because one individual holds the
status of Indonesian citizen while the other
individual holds the status of foreign citizen. Based
on the denition provided by the Marriage Law,
the mixed-marriage registration might not be
performed in the Republic of Indonesia Embassy;
instead, the mixed-marriage registration might
be performed in the Gemeente.
Within the process of mixed-marriage
registration, several informants informed that
in general mixed-marriage registration might be
done although the process was complicated and
was unlike the marriage of fellow Indonesian
citizens (Interview with Abdullah on April 28,
2017). For the Muslim Indonesian citizens who
want commit mixed-marriage the requirements
that should be met are as follows:
1. A copy of the groom’s passport
2. A copy of the groom’s identity card
3. A copy of the bride’s passport
4. A copy of the bride’s passport (translated
into Dutch and should be legalized by
village authority, notary, Ministry of
Legal and Human Rights Aairs, and
Ministry of Foreign Aairs)
5. Original ID card (translated into Dutch
and should be legalized by Ministry of
Legal and Human Rights Aairs and
Ministry of Foreign Aairs)
6. A copy of the bride’s family card
(translated into Dutch and should be
legalized by Ministry of Legal and Human
Rights Aairs and Ministry of Foreign
Aairs)
7. A copy of the bride’s birth certicate
(translated into Dutch and should be
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
268
legalized by Ministry of Legal and Human
Rights Aairs and Ministry of Foreign
Aairs)
8. Statement of conversion into Islam
9. Letter of statement from Village Chief
10. N1 and N2 Model form
11. N2 Model form
12. Adavit of unmarried (translated into
Dutch and should be legalized by Ministry
of Legal and Human Rights Aairs and
Ministry of Foreign Aairs)
The bride and the groom or their family might
aord the completion of these administrative
requirements; however, usually the bride and the
groom rely on the assistance of service bureau for
completing these administrative requirements. If
they do not rely on the assistance then the bride
and the groom should be involved in a long process
because they have to ask the legalization of their
documents to several institutions (Ministry of
Foreign Aairs, Ministry of Legal and Human
Rights Aairs, and Ministry of Religion Aairs).
Not to mention, the bride and the groom also
have to ask the legalization of their documents to
the oce of village authority, district authority,
and religion aairs.
After the Indonesian administrative
requirements have been completed, the spouse
then should register their marriage to the
Gemeente independently or communally through
the assistance of the European Association of
Muslim Youth (PPME, Persatuan Pemuda Islam
se-Eropa). The bride and the groom should
register their les according to the schedule that
they desire. If the registration is done in Monday
morning then the spouse will be free of charge.
On the other hand, if the registration is done in
weekday then the spouse will be charged € 150
and if the registration is done in weekend then
the spouse will be charged € 600 (Interview with
Nurhasyim on April 26, 2017).
Based on the interview with several
Indonesian citizens who have committed mixed-
marriage, it can be seen that they are facilitated
by the European Association of Muslim Youth
or PPME. PPME was established by Indonesian
people who live in the Netherlands. PPME
pays attention not only to the Indonesian-
style diversity but also the conditions in the
Netherlands, especially in the eorts of enforcing
the identity of their diversity. PPME has been
facilitating Muslim marriage since March 29th,
1975. Ever since then, marriage has been the
part of PPME programs. At the beginning, the
Muslim marriage that used to be handled by
the Board of PPME in the Netherlands was not
well registered; as a result, the information with
regards to the number of Muslim marriages was
not well documented. However, over the time the
Muslim marriage has been well document. Then,
in committing Muslim marriage, the spouses
under the arrangement of the Board of PPME
serve as the trustee, the witness, or the registrar
not only for the Indonesian Muslim marriage but
also for the Indonesia Muslim mixed-marriage
(Sujadi, 2013)
In order to assist the facilitation of marriage
registration, the PPME usually charges € 200
(outside the charge that should be paid to the
Gemeente) to the Indonesian Muslim spouse. The
charge is not fully given to the PPME; instead, the
charge will be split into the operationalization of
PPME and of the mosque where the Indonesian
Muslim citizens will commit their marriage
(Interview with Hambali on April 28, 2017).
The marriage procession will be held
within several days after the marriage has been
registered to the Gemeente. According to the
Dutch legislation, there shall not be any marriage
procession unless the marriage has been registered
to the Gemeente. As a consequence, every
spouse of mixed-marriage in the Netherlands
should register their marriage rst. It is after the
marriage registration that the spouse shall be
allowed to hold their marriage procession. Then,
in addition to assisting the marriage preparation
and procession, the PPME also issues the
marriage book for the Muslim mixed-marriage.
The issuance of the marriage book is intended to
serve as the evidence of Muslim marriage since
the letter of statement that the Gemente issues
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
269
serve as the evidence of marriage registration and
thus it may not serve as the evidence of Muslim
marriage (Interview with Nurhasyim on April 26,
2017).
Problem of Marriage Registration for
Indonesian Citizens
In general, both the Indonesian citizens who
register their marriage in the Republic of Indonesia
Embassy (fellow Muslim Indonesians) and the
Indonesian citizens who register their marriage
in the Gemeente (Indonesian citizens who are
involved in mixed-marriage) do not experience
serious diculty. However, the Indonesian
citizens who are involved in mixed-marriage have
more administrative requirements that should be
completed and should come to several ministries.
In addition, these citizens should translate their
administrative requirements into Dutch and
the Dutch translation of their administrative
requirements should also be legalized by the
Ministry of Legal and Human Rights Aairs and
the Ministry of Foreign Aairs; as a consequence,
the process for the registration of mixed-
marriage tends to be relatively complicated and
time consuming. The process of completing and
translating the administrative requirements is
usually facilitated by a service bureau. The charge
for the assistance by the service bureau is usually
around IDR 2,000,000.00 (Interview with Chak
Sneep on April 29, 2017).
In addition to completing the administrative
requirements, the Indonesian citizens who
commit the mixed-marriage should attend Dutch
language courses rst and they should graduate
from these courses. This is logical because the
Indonesian citizens who commit the mixed-
marriage later will live in the Netherlands. In spite
of the importance, the Dutch language courses
usually incur around € 150.00. The Indonesian
citizens who will live in the Netherlands should
also pay for their living permit, which is also
around € 150.00. Furthermore, if the groom
who will commit the mixed-marriage holds the
Dutch citizen status then he will be exposed to
additional requirement: he should have sucient
salary to support the life of him and his family
in the Netherlands; the minimum amount of
sucient salary is around € 1,400.00 (Interview
with Chak Sneep on April 29, 2017).
With these multiple requirements that
should be completed, many spouses are unable
to register their marriage; as a result, they will
decide to commit their marriage in Indonesia.
The requirements of marriage registration
in Indonesia are much easier to complete;
administratively, the requirements are just
the same but the documents should not be
translated into Dutch language. Not to mention,
the Indonesian citizens are not obliged to attend
Dutch language courses and the groom himself
should not have sucient amount of salary.
However, if the spouse of a mixed-marriage
later decide to live in the Netherlands then the
requirements of marriage registration that have
been issued by the Gemeente shall be applied.
In addition to these problems, mixed-
marriage implies several legal consequences.
First, in Article 58 of Marriage Law it is stated
that the foreign citizens who will commit a mixed-
marriage may earn the status of their nationality
from the husband/the wife and may also lose
the status of their nationality according to the
manners that have been dened in the Citizenship
Law of the Republic of Indonesia. Based on the
statement, the Indonesian citizens who commit
mixed-marriage and decide to adopt the status
of their spouse’s nationality (for example, the
status of Dutch nationality) will lose their status
of Indonesian nationality; as a result, they may
lose the right of their property in Indonesia. With
regards to the statement, several Indonesian
citizens do now want to change the status of their
nationality. The decision is usually included into
the pre-marital agreement with the husband/
wife. The reason, usually stated by the wife, is
that they do not want to lose their property in
Indonesia.
Second, the vulnerable problem that usually
appears to the surface in a mixed-marriage is
the problem of the child’s nationality. The old
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
270
Citizenship Law (Law Number 62 Year 1958
regarding Citizenship) adopted the principle of
single citizenship; as a consequence, the children
who were born in a mixed-marriage family would
only adopt one nationality, which was determined
by the Law that the adopted citizenship should
be citizenship of their biological father. Such
policy triggers certain problems especially if the
mixed-marriage family suers from divorce;
in the case of divorce, the mother will certainly
have diculties to attain the custody of the child.
The Republic of Indonesia adopts the principle
of iussanguinis; consequently, the child will
adopt the nationality of the parent, namely the
biological father. For example, the child who
is borne from Dutch father and Indonesian
mother will be considered as a foreign citizen.
However, since 2006 the Republic of Indonesia
Government and the House of Common have
issued the new Citizenship Law which has several
amendments and one of the amendments is
related to the legal status for the children who are
born in the mixed-marriage families. The new
Citizenship Law implies positive enlightenment,
especially in the relationship between the mother
and the child, because the new Citizenship Law
give permissions to the limited status of double
citizenship for the children who are born in the
mixed-marriage families. Based on the new
Citizenship Law, a child who is born in a family
of Indonesian mother and foreign father or
who is born in a family of foreign mother and
Indonesian father will both be equally admitted
as Indonesian citizen (Article 4 letter c and d of
the new Citizenship Law). The child will have
limited status of double citizenship and after
he or she is 18 years old or is married the child
should make decision on the status of his or her
nationality. The statement of decision over the
nationality status should be sent 3 (three) years
at most after the child is either 18 years old or
is married (Article 6 of the new Citizenship
Law). The provision of limited status of double
citizenship is a positively new breakthrough for
the children who are born in mixed-marriage
family (Nilawati, 2014: 95–108).
Third, the marriage statues for the Indonesian
spouse who share dierent same during their
marriage registration in the Gemeente might
be justied by the Dutch law but this type of
marriage might be a polemic because it is not
justied by the Indonesian law. According to
the Indonesian law, which adopts the religion
marriage principle, a marriage should be done
under the same faith. In Article 56 verse (1) of
Marriage Law it is stated that the marriage
that has been done on the foreign country will
be legal if the marriage is done according to
the governing law on the foreign country and
does not violate the Law (the governing law in
Indonesia). Based on the Article, the marriage
of Indonesian spouse on the foreign country
should not only meet the governing law on the
foreign country but also the governing law that
has been approved in Indonesia. The implication
is that the cross-religion marriage may not be
considered legal or may not be approved by the
Indonesian law although it is done on the foreign
country since Law Number 1 Year 1974 declares
that a legal marriage is a marriage that had
been done according to the law of each faith and
religion and that has been registered according to
the governing legislation. In addition, according
to the Compilation of Islamic Law (Presidential
Instruction Number 1 Year 1991) in Article 40 and
Article 44 it is strictly dened that, “The marriage
between a man and a woman is prohibited under
certain circumstance namely the woman does
not share the faith of Muslim and, on the other
hand, a Muslim woman is prohibited to marry a
man who does not share the faith of Muslim.” In
the Compilation, it is principally stated that the
cross-religion marriage is fully prohibited.
The Impact of Unregistered Marriage
in the Netherlands
As having been mentioned in the previous
section, several Indonesian citizens in the
Netherlands have decided to do sirri marriage or
religion-based marriage and they do not register
their marriage in the Gemeente. This kind of
marriage is not legally justied both by the
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
271
Indonesian law and the Dutch law. The Indonesian
citizens who decide to do such marriage usually
do not have complete legal administrative
requirements from the previous marriage; for
example, they do not have legal divorce papers
from the district court. Due to such situation, these
spouses decide to not register their marriage and
thus to do the sirri marriage. The sirri marriage
is usually done before the religious gures in their
house instead of the mosque since typically the
mosque caretaker does not accept the conduct of
sirri marriage (Interview with Setiawan on April
29, 2017).
For the spouses who conduct the sirri marriage
in the Netherlands, they do not experience directly
the negative impact from the marriage. They may
register themselves as partners. However, the
children that are born in the sirri marriage will
only be registered as the children of the mother in
their birth certicate; in other words, the name of
their biological father will not be registered in the
birth certicate. In social terms, such situation
does not result in negative impact because the
rights of these children are not diminished and
they are still provided with the social security
from the government. The Dutch Government
has provided social security approximately €
370.00 for each child and the social security is
transferred to the bank account of the father. In
case of a divorce, the social security should be
transferred to the child and the ex-wife should be
provided by the social security and the amount
of the social security should be in accordance to
the arbitrage or the court decision. The amount
of the social security for the ex-wife should not
be less than € 700.00 and this amount should
be paid in each month until the ex-wife might be
independent or, in other words, until the ex-wife
married a new spouse (Interview with Setiawan
on April 29, 2017).
A country has the sovereignty to not subject to
other authority i.e., to not admit and implement
the law of the foreign authority. As a result, there
are some countries that adopt the Common
Law. These countries implement the principle of
residence in the case of personal status. With the
implementation of this principle, a citizen from
any country in the world should subject to the
governing law of their countries when it comes to
the case of personal status. Then, in the case of
marriage these countries implement the principle
of lex loci celebrations or the reference to the
country on which the marriage is conducted.
The situation in these countries is dierent
than the situation in the countries that adopt
the principle of legal continuation or vested
right. This principle implies that the rights that
have been attained according to the foreign law
are admitted and fully exerted by the judge in
the home country or the rights that have been
attained in the foreign land are admitted and
respected as much as possible.
Along with the globalization era and due to
the rapid rate of information and easy access
of transportation, nowadays many Indonesian
citizens who have been living abroad and
conducting mixed-marriage. According to
Article 57 Law Number 1 Year 1974 regarding
Marriage (Law of Marriage), it is stated that
mixed-marriage is a marriage between two
Indonesian citizens who subject to conicting
laws or who have dierent status of citizenship
with one foreign citizen and one Indonesian
citizen (Departemen Agama, 1974).
In addition to the case of mixed-marriage,
the case of the marriage conducted by
Indonesian citizens on the foreign country also
involves the couples who have dierent faith
or dierent religious background. Based on the
Law of Marriage Article 56 Verse (1), it is stated
that in the law of marriage the principle of
International Civic Law (HPI, Hukum Perdata
Internasional) that Indonesia has adopted
refers to the combination between the principle
of citizenship, namely the matters that do not
violate the legislation, and the principle of lex
loci celebrations, namely the reference to the law
of the country where the marriage is conducted
or the law of the foreign country itself. Based
on the two principles that have been adopted in
Article 56 Verse (1), the (cross-religion) marriage
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
272
that have been conducted on the foreign country
is not in accordance to the law of marriage which
basis is religion law that has been implemented in
Indonesia; thus, such marriage has caused certain
polemic known as conict of laws (Wahyuni,
2016: 9).
The liberal Western countries usually adopt
the principle of civil marriage; as a result, the
marriage registration will not pay attention
to the religion that each spouse has adopted
(Wahyuni, 2016: 9). That situation is certainly
dierent in comparison to Indonesia; Indonesia
adopts the principle of religious marriage and
as a result religion becomes part of public
aairs. Therefore, the legality of mixed-marriage
between Indonesian spouses in the Netherlands
should be reconsidered because, although the
mixed-marriage is declared legal by the Dutch
law, the Indonesian law has not admitted such
marriage (Wahyuni, 2016: 10). Although the
marriage might be registered by the Registry
Oce, the marriage might potentially be a
polemic since, based on Article 56 Verse (1) of
the Law of Marriage, the Indonesian law admits
the principle of lex loci celebrations and also the
principle of religious marriage.
Law Number 1 Year 1974 Regarding Marriage
contains an important principle in Verse 2 Article
(1): “A marriage will be considered legal if the
marriage is conducted based on the principle
of each religion that has been adopted.” This
principle applies to all marriages that have been
conducted in Indonesia, including the “cross-
religion mixed-marriages.” However, there
are dissenting opinions among the law experts
themselves (Sumarmo, 2009: 17).
The rst opinion states that Indonesia is
based on Pancasila; as a result, Indonesia respects
the religions in the country and thus situates the
religious law into the fundamental position. In a
Pancasila-based country, any legislation should
not violate the religious law. In the same time,
the religions in Indonesia have prohibited the
marriages between spouses from dierent faith
or dierent religious background.
Then, the second opinion states that Article
2 Verse (1) of the Law of Marriage requires that
each marriage should be conducted in accordance
to the principles of religious law. With this
requirement, there are many law pluralities that
can be found in Indonesia due to the various
religious laws. With the presence of religious
laws and law plurality, the framework of national
law system is demanded to regulate the mixed
married in the internal Inter-Legal Law (HATAH,
Hukum Antar Tata Hukum); this internal Inter-
Legal Law will regulate the marriage between
the spouses who have dierent marriage law
in addition to regulating the mixed-marriage
between the Indonesian citizens and the foreign
citizens (Wahyuni,. 2016: 11).
Next, the third opinion states that the Law
of Marriage has regulated multiple forms of
mixed-marriage (Third Part of Chapter XII)
and the regulation also entails the regulation for
the mixed-marriage between spouses who have
dierent religious background. Article 57 should
be understood altogether with the previous and
the subsequent articles as a whole system. Mixed-
marriage is a problem that refers to the conict
of laws from two laws of marriage; as a result,
there should be a choice of law that leads to the
admittance of one law of marriage namely the
law of marriage that the husband has adopted.
Consequently, in the case of mixed-marriage the
law of marriage that the husband has adopted
shall be governed (Ichtiyanto, 2003: 81-86).
In 2014, there was a student and several
alumni from the Faculty of Law University of
Indonesia who criticized Article 2 Verse (1) of
the Law of Marriage in terms of marriage legality
especially in relation to the legality of dierent
religion-based marriage. The norm on the Article
was deemed illegal by the applicant with regards to
the legality of extra-religion marriage. As a result,
the norm might contain an element of “coercion”
for the citizens to subject to the religion and the
faith in the domain of marriage (Panjimas, 2014).
The applicants reasoned that several cases
of mixed-marriage had caused the excess of
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
273
legal smuggling. Consequently, the spouses who
came from dierent religious background mostly
performed numerous tricks in order that their
marriage would be legal before the law and the
examples of these tricks were conducting marriage
on foreign countries, conducting marriage
based on tradition, or temporarily adopting
the husband’s religion. Due to these tricks, the
applicants demanded that the Constitutional
Court to make interpretation that led to the state
admittance toward dierent religion marriage
(Panjimas, 2014).
The Constitutional Court through the decree
number 68/PUU-XII/2014 turned out to reject
the application toward the material test on Article
2 Verse (1) and Verse (2) of the Law of Marriage
that the applicants had proposed. The Decree had
rejected the approval on the dierent religion-
based marriage. Therefore, the legal marriage in
Indonesia will be the marriage between spouses
who have one religious background in accordance
to Law Number 1/1974 regarding Marriage
(Mahkamah Konstitusi, 2014).
The Constitutional Court deemed that the
Law of Marriage has been able to manifest the
principles that have been contained in Pancasila
and 1945 Constitution and also all kinds of
realities that might be found in the Indonesian
society. Furthermore, Article 28 J of 1945
Constitution states that in claiming their rights
and independence every citizen is obliged to
subject to the limitations that have been dened
under religious consideration in the Constitution
(Sahbani, 2014).
However, in the Decree that has been issued
by the Constitutional Court the Constitutional
Judge Maria Farrida Indrati proposed concurring
opinion. She stated that the dierent religion-
based marriage might not be solved only by
referring to the Article 2 Verse (1) and Verse (2)
of the Law of Marriage that resulted in multiple
interpretations. According to Marria, the Law of
Marriage should provide solutions to the citizens
who, under certain circumstances, should conduct
dierent religion-based marriage both in terms
of marriage legality and marriage registration.
The reason is that marriage is a legal event that
incurs rights and responsibilities to the given
spouses. The attitude of Maria Farrida Indrati
who carried out concurring opinions in the
session was important and needed to be observed,
because it could be used as an alternative for the
legal reconstruction of dierent religion-based
marriage problems, especially those took place on
the foreign country (Sahbani, 2014).
The Netherlands is part of the countries
that implement the Civic Law, meaning that
the Netherlands implements the principles of
citizenship and input the marriage law into the
personal law. Therefore, the Indonesian citizens
who conduct marriage in the Netherlands
might refer to the Indonesian law; then, the
Muslim Indonesian citizens might conduct their
marriage in the Indonesian Embassy but the
Indonesian citizens whose spouse hold foreign
citizenship status should conduct their marriage
in the Gemeente. The marriage registration of
the Indonesian citizens in general does not incur
serious problems. The Indonesian citizens are
provided with guidance from the Indonesian
Embassy in relation to the requirements for their
marriage registration, the service during their
marriage contract, and the provision of marriage
book. On the other hand, the Indonesian citizens
who conduct the mixed-marriage should register
their marriage in the Gemeente and in general
they experience certain diculties during the
completion of their administrative requirements.
They should visit several ministerial oces
(the Ministry of Religion Aairs, the Ministry
of Foreign Aairs, and the Ministry of Law
and Human Rights Aairs). In addition, these
Indonesian spouses should translate the copy
of their documents into the Dutch language and
the translation should also be approved by the
Ministry of Law and Human Rights Aairs and
the Ministry of Foreign Aairs; such approval
relatively demands enormous cost. Not to
mention, these Indonesian spouses should attend
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
274
the course of Dutch language and they should pass
the class while in the same time they should pay
for their residence permit in the Netherlands. The
Holland citizens who will marry the Indonesian
citizens should also have sucient salary in order
to support their life in the Netherlands (which is
around € 1,400.00).
There are several impacts that have been
caused by the mixed-marriage of Indonesian
citizens in the Netherlands. First, the Indonesian
citizens who would like to marry the foreign
citizens might lose their citizenship status. If
they want to keep their citizenship status, then
they have to report it to the ocers of Indonesian
Embassy. Second, the children who are born
within the mixed-marriage will attain double
status of citizenship until they reach the age
of 18 years old or until they are married. After
having reached the age of 18 years old or after
having been married, the child should decide the
citizenship statues that he or she will embrace.
Third, in relation to the marriage law for the
marriage of Indonesian citizens who come from
dierent religious background in the Netherlands
and in reference to the Article 56 Verse (1) of
the Law of Marriage, the mixed-marriage might
potentially be a polemic. As a result, in the future
there should be legal reconstruction that involves
public aspiration toward the marriage between
spouses from dierent religious background.
This research recommends that in the legal
reconstruction, it is necessary to stipulate the
recognition of marriage records that have been
legally performed in other countries. The legal
reconstruction is necessary in order to meet the
principle of legal eectiveness; however, the
legal reconstruction should be performed by
considering the law that meets the principles
of philosophical, sociological, and juridical
standardization.
In the reality, there are several Indonesian
citizens who do not register their marriage due
to certain reasons. In general, these Indonesian
citizens do not experience the negative impacts
from the decision to not registering their
marriage. Such situation is dierent from the
conditions in Indonesia; in Indonesia, the
decision to not registering the marriage might
result in detrimental the wife for example: not
being able to take care of the pension fund, not
being able to demand the inheritance, not being
able to prosecute the act of domestic violence,
not having access to banking matters, not having
stable legal status, and alike. Such dierences
have been caused by the fact that the Dutch
Government has issued the policies that are very
benecial for the citizens who live in the country;
for example, there is a social security program
for the citizens who have been unemployed and
there is allowance for the children who have not
reached the age of 18 years old. In addition, there
is also educational subsidy for the citizens until
the age of 25 years old. The Dutch law also admits
the status of the spouses who have been living
together without bond of marriage (partner); as
a result, these spouses attain the rights and the
protections from the government similarly to
the ocially married spouse. Therefore, if these
partners have children then their children will
still be provided with social security from the
Dutch government.
Then, during the study there are several
limitations that have been found in relation to
the sample gathering activities since there are
not many studies that have been conducted
toward the case of marriage between non-
Muslim Indonesian citizens or the case of
marriage between Muslim and non-Muslim
Indonesian citizens. The information in relation
to the two kinds of marriage, both in terms of
process and in terms of impacts, have still been
minimum. Therefore, through the present study
it is recommended that those cases might be
considered for further analysis.
The researchers would like to express
their greatest gratitude to Mr. June Kuncoro
Hadiningrat, Mr. Nur Hasyim Subadi, and Mr.
Muharam Marzuki for their eorts in assisting
the success of this study.
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
275
Abadi, M. Masyhur. 2007. “Cross Marriage:
A Model of Cultural Integration among
Chinese, Arabic, Javanese and Maduranese
Community in Sumenep.” Jurnal Karsa. 21
(2): 149.
Arief, Ahmad. Kisah Orang Indonesia di Belanda.
Accessed April 29, 2017, from http://regional.
kompas.com/read/2010/10/07/08255221/
Kisah.Orang.Indonesia.di.Belanda.
Basarah, Nico Christian. 2014. “The Position of
Article 2 Verse1 of Law Number 1 Year 1974
Regarding Marriage toward the Concept
of Human Rights in Indonesia.” Jurnal
Wawasan Hukum. 31 (2): 205.
Departemen Agama Republik Indonesia. 2007.
The Minister of Religion Aairs Regulation
Number 11 Year 2007 Regarding Marriage
Registration. Jakarta: Departemen Agama
Republik Indonesia.
Departemen Agama Republik Indonesia. 1974.
Undang-Undang Republik Indonesia
Nomor 1 Tahun 1974 tentang Perkawinan.
Jakarta: Depertemen Agama Republik
Indonesia.
Departemen Agama Republik Indonesia.
1975. Peraturan Pemerintah Republik
Indonesia Nomor 9 Tahun 1975 tentang
Pelaksanaan Undang-Undang Nomor
1 Tahun 1974 tentang Perkawinan.
Departemen Agama Republik Indonesia.
Departemen Pendidikan dan Kebudayaan.
1989. The Complete Dictionary of Bahasa
Indonesia. Jakarta: Balai Pustaka.
Friedman, Lawrence M. 2001. Legal System
According to the Perspective of Social
Science. Bandung: Nusamedia.
Gautama, Sudargo. 1981. The Indonesian
Internasional Civic Law: Seventh Book.
Bandung: Alumni.
Ichtiyanto. 2003. Mixed-marriage within the
Republic of Indonesia. Departemen Agama
RI.
Kelsen, Hans. 2006. General Theory of
Constitutional Law. Bandung: Nusa Media.
Kementerian Agama Republik Indonesia. 1999.
Surat Keputusan Bersama Menteri Agama
dan Menteri Luar Negeri Nomor 589
tahun 1999 dan Nomor 182/OT/X/99/01
Tahun 1999 tentang Petunjuk Pelaksanaan
Perkawinan WNI di luar negeri.
Kementerian Agama Republik Indonesia
Kementerian Agama Republik Indonesia. 2000.
The Minister of Religion Aairs Decree
Number 463 Year 2000 Regarding the
Delegation of Authority for the Appointment
of Marriage Registration Ocer on the
Foreign Country. Jakarta: Kementerian
Agama Republik Indonesia.
Kementerian Agama Republik Indonesia. 2008.
Peraturan Presiden Nomor 25 Tahun
2008 tentang Persyaratan dan Tata Cara
Pendaftaan Penduduk dan Pencatatan Sipil.
Kementerian Agama Republik Indonesia.
Kementerian Dalam Negeri. 2006. Law Number
23 Year 2006 Regarding Residential
Administration. Jakarta: Kementerian
Dalam Negeri.
Kementerian Dalam Negeri. 2016. KBRI Belanda
Undang Dirjen Dukcapil Sosialisasikan
Administrasi Kependudukan. Accessed
August, 20, 2017, from https://www.
dukcapil.kemendagri.go.id-kbri-belanda-
undang-dirjen-dukcapil-sosialisasikan-
administrasi-kependudukan.
Kementerian Dalam Negeri. 1999. Law Number
39 Year 1999 Regarding Human Rights.
Jakarta: Kementerian Dalam Negeri.
Kementerian Dalam Negeri. 2008. The President of
the Republic of Indonesia Regulation Number
25 Year 2008 Regarding the Requirements
and Procedures of Civic Registry. Jakarta:
Kementerian Dalam Negeri.
Kustini (ed). 2013. Menelusuri Makna di Balik
Perkawinan di Bawah Umur dan Perkawinan
tidak Dicatat. Puslitbang Kebidupan
Keagamaan Badan Litbang dan Diklat
Kementerian Agama.
Latumahina, Rosalinda Elsina. 2018. “The
Civic Relationship between Extra-
Marriage Children and Their Parents: A
Study of Comparison to the Family Law
in Netherlands.” Jurnal Hukum dan
Pembangunan. 48 (1): 181.
Analisa Journal of Social Science and Religion Volume 03 Number 02 December 2018
pages 255-277
276
Liwupung, Feliks Thadeus. n.d. The Existence and
Eectiveness of Du’a MO’ang (Customary
Court) in the Dispute Settlement with the
Judge of Peace in Sikka, Flores, East Nusa
Tenggara. Sikka.
Madjid, Nurcholis. 2004. Inter-Religion Fiqh:
Building Pluralist Inclusive Society. Jakarta:
Paramadina.
Mahkamah Konstitusi. 2014. Putusan Mahkamah
Konstitusi Nomor 68/PUU-XII/2014 Objek
Putusan Terkain Perkawinan Beda Agama.
Mahsun, Fuad. 2005. Islamic Law in Indoensia.
Yogyakarta: LKIS.
Manan, Abdul. 2001. Various Problems Around
Islamic Civic Laws in Indonesia. Bandung:
Pustaka Seni.
Mardalis. 1995. Research Method: A Proposal
Approach. Jakarta: Bumi Aksara.
Mudzakkir, Amin. 2016. “Migration of Marriage:
Discourse and Experience of Mixed-marriage
among Indonesian Women in Netherlands.”
Jurnal Kajian Wilayah. 7 (1): 13.
Nilawati. 2014. “Perspective of Indonesian Law
on Children from Mixed-marriage.” Jurnal
An Nisa’a. 9 (1): 95.
Nurlaili. 2016. Asas Ius Sanguinis: Pengertian,
Sejarah dan Naturalisasi. Accessed 29
August 2017, from https://guruppkn.com/
asas-ius-sanguinis.
Panjimas. 2014. 5 Mahasiswa UI Gugat UU
Perkawinan Soal Tidak Sahnya Nikah
Beda Agama ke MK. Accessed May 5,
2017, from https://www.panjimas.com
news/2014/09/11/5-mahasiswa-ui-gugat-
uu-perkawinan-soal-tidak-sahnya-nikah-
beda-agama-ke-mk/.
Paulinus, Hadi. 1996. Problems in Marriage with
Dierent Religious Background: A Review
toward Law Number 1 Year 1974 in the
Context of National Security. Yogyakarta:
Pascasarjana UGM.
Puslitbang Kesos Kemensos. 2015. Social
Protection for Troubled Migrant Workers
through Trauma Center Safe House.
Jakarta: P3KS Press.
Pustaka Yayasan Peduli Anak Negeri. 1974. Law
Number 1 Year 1974 Regarding Marriage.
Jakarta: Pustaka Yayasan Peduli Anak
Negeri.
Putra, Andrianopsyah Mas Jaya. 2015. Orang-
Orang Indonesia di Negeri Kincir Angin.
Accessed April 29, 2017, from http://blog.
sivitas.lipi.go.id/ blog.cgi?isiblog&116600
4853&&&1036006740&&1260082716&an
dr014.
Rosyid, Moh. 2014. “The Marriage of Samin
Society in the Perspective of State Law.”
Analisa Journal of Social Science and
Religion. 17 (01): 19.
Sahbani, Agus. 2014. Inilah Babak Akhir Judicial
Review Kawin Beda Agama. Accessed May
5, 2017, from https://www.hukumonline.
com/berita/baca/ lt55828be906c8b /
inilah-babak-akhir-judicial-review-kawin-
beda-agama.
Sasmiar. 2001. Mixed-marriage and its Legal
Consequence. http://online-journal.unja.
ac.id/index.php/jih/article/view/64/53.
Seto, Bayu. 2001. Foundations of International
Civic Law. Bandung: Citra Ditya Bakti.
Soraya, Yasmine. 2016. Permasalahan Pekerja
Migran Indonesia di Belanda. Accessed June
28, 2017, from http://majalahsedane.org/
migran-indonesia-di-belanda/.
Statistics Netherlands, Den Haag/Heerlen.
2018. Population, households and
population dynamics; from 1899.
Accessed June29, 2017. http://statline.
cbs.nl /StatWeb/publication/?DM=SLEN
&PA=37556ENG&D1=0-44,53-60&D2=
1,11,21,31,41,51,61,71,81,91,101&LA=EN
&VW=T.
Suhadi. 2006. Inter-Religion Marriage: A
Critical Perspective toward Islamic
Reasoning. Yogyakarta: LKIS.
Sujadi. 2013. “The Formation of PPME’s Religious
Identity.” Jurnal Al-Jami’ah. 51 (1): 81.
Sumarmo, Maris Yolanda. 2009. The Analysis on
the Legality of Cross-Religion Marriage that
Has been Conducted on Foreign Country.
Medan: Universitas Sumatera Utara.
Sutaat, et. all.. 2008. Masalah Sosial Tenaga
Kerja Wanita Indonesia di Shelter KBRI
Marriage Problems of Indonesian Citizens Living in the Netherlands under the Perspective of Marriage Law
Abdul Jamil Wahab, Fakhrudin, and Mustolehudin
277
Kuala Lumpur”. Jurnal Penelitian dan
Pengembangan Kesejahteraan Sosial.
13 (2): 14.
Triadi, Eko, et. all.. 2016. “The Protection on
Women and Children Rights on the Status
of Indonesian Citizenship and of Foreign
Citizenship in Singkawang.” Diponegoro
Law Journal. 5 (4): 15.
Wahyuni, Sri. 2016. The Urgency of Pursuing
the Cross-Religion Marriage on the Foreign
Country. Jakarta: PT Pustaka Alvabet.
Wibowo, Agustinus. 2018. Kisah Maluku di
Negeri Belanda. Accessed 23 June 2018,
from http://islandsomagination.id/web/
articles/kisah-maluku-di-negeri-belanda.
