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International Civil Law Perspertive on Mixed Marriage Legal
Problems Based on Jessica Iskandar’s Wedding Case with Ludwig
Frans Willibald.
By: Annisa Siti Zahara
Faculty of Law, Universitas Muhammadiyah Yogyakarta
Jalan Brawijaya, Tamantirto, Kasihan, Bantul, Daerah Istimewa Yogyakarta 55183
Indonesia.
E-mail: Annisa.siti.law19@mail.umy.ac.id,
Abstract
One of the legal events is marriage, where the marriage is carried out in accordance with the
provisions and is a legal marriage. Mixed marriages are one of the most common marriages today.
The many differences in mixed marriages make problems in the implementation of mixed
marriages. This article discusses the legal issues of mixed marriages regulated in the Marriage
Law no. 1 of 1974 articles 57-62. The purpose of this paper is to examine the problems that arise
in mixed marriages and their resolution through international civil law. This research uses a
normative juridical approach and a legal approach.
Keyword: Mixed Marriage, Legal Problems, International Civil Law
A. BACKGROUND
Marriage is a bond to show the relationship between two different persons. Marriage
bonds can occur because of the finding of a match between the two individuals both in
personal, psychological and physical contexts.
1
The need to maintain life is one of the basic basic human needs. This need is an effort
for humans to carry out offspring, maintain their race, so that humans themselves will
continue to try to have offspring. The way to carry out offspring is through marriage, with
marriage humans can give birth to offspring while meeting their needs.
The late medieval gentium tradition gave rise to state law, also known as public
international law.
2
Where on in this Era of Globalization, there are many changes that
occur in people's lives, the needs that continue to increase make a country always take
action to carry out international relations with other countries. The state is the most
important subject in international law and has superiority over other subjects (par
excellence). Others define peace as a condition of tranquility in which there is no conflict
and where individuals and groups of people live in harmony.
3
This is due not only to the state's ability to meet the criteria for "international legal
personality," but also to the fact that the rights and obligations accepted by the state are
far greater than the subjects of international law after the state accepts it.
4
Mixed
1
Djaja S. Meliala, (2007), Perkembangan Hukum Perdata Tentang Orang dan Hukum Keluarga, Bandung:
Nuansa Aulia, pp.71
2
Yordan Gunawan, 2021, Introduction to Indonesian Legal System, Yogyakarta, UMY Press, p.290.
3
Yordan Gunawan, Naufal Bagus Pratama, 2020, “Diseminasi Hukum Humaniter Internasional Dalam
Upaya Menyebarkan Semangat Perdamaian”, Jurnal Loyalitas Sosial: Journal of Community Service in
Humanities and Social Sciences, Vol. 2 No. 2, p. 86.
4
Yordan Gunawan, 2021, Hukum Internasional: Sebuah Pendekatan Modern, Yogyakarta, LP3M UMY,
p.66.
marriages have now permeated every aspect of society around the world. by means of
access Globalization of information, economy, transportation, and cyberspace has
increased human mobility, forcing individuals to relocate from one country to another,
leading people to meet and communicate with people from various ethnic groups. each
with their own culture, religion, and habits Indonesian citizens were able to marry foreign
nationals as a result of this meeting and communication, resulting in what is now known
as mixed marriage.
5
Marriage, in practice, does not always involve partners of the same faith or
nationality. In other circumstances, the husband and wife come from distinct religious or
ethnic backgrounds. They argue in the name of democracy and human rights, which they
use to legitimize their act of performing mixed marriages, despite the fact that they must
disregard other commitments and rules that must be followed.
In Indonesia, the legal status of marriage varies. There are marriage laws that apply
to each population group that are different from the regulations that apply to other
populations groups. This has resulted in legal disputes between groups in the area of
marriage, namely over whether legal rules will apply to weddings between persons of
various nations. Given the prevalence of mixed marriages in Indonesia, legal protection
for mixed marriages should be adequately addressed under Indonesian law.
From a legal standpoint, a person's citizenship status has a significant impact on his
or her rights and authorities as a citizen. Citizenship status distinguishes people from
those who are not citizens of that country. A person's citizenship confers legal ties and
makes them subject to the laws of the country in question. Citizenship has legal
5
Widanarti, Herni. Februari (2019). “Tinjauan Yuridis Akibat Perkawinan Campuran Terhadap Anak”.
Journal of Diponegoro Private Law Review. Vol. 4, No. 1.
ramifications, such as citizen and state rights and obligations. Citizens' rights and
responsibilities are the "substance" or "material components" of citizenship itself.
Citizens' rights and responsibilities are often outlined in the constitution of the country in
question. Another legal implication is that those who already have citizenship are not
subject to the authority or power of other countries.
Marriage is defined in Article 57 of Law No. 1 of 1974, "What is meant by mixed
marriage in this Law is marriage between two people who in Indonesia are subject to
different laws, due to differences in citizenship, and one of the parties is an Indonesian
citizen," it is stated.
6
This mixed marriage will have its own consequences, which will
apply the regulations of each of the legal rules that apply to each of the parties involved
The goal of marriage is undoubtedly to create a harmonious family. It is very clear that
mixed marriages will have their own juridical consequences regarding the nationalities of
the parties, The citizenship acquired as a result of marriage or the dissolution of a
marriage has a substantial impact on the applicable law, both in terms of Public Law and
Civil Law, As stated in Article 59 number (1) of the Marriage Law,and it is very clear
that mixed marriage will have their own juridical consequences regarding the nationalities
of the parties. It cannot be denied that marriages of different nationalities often cause
difficulties in the process, whether in the home country of the prospective husband or the
home country of the prospective wife.
7
6
Rahmat Fauzi, (2018), “Dampak Perkawinan Campuran Terhadap Status Kewarganegaraan Anak
Menurut Hukum Positif Indonesia,” Journal of Soumatera Law Review, Vol. 1 No. 1.
7
M. Nur Kholis Al Amin, (2016). “Perkawinan campuran dalam kajian perkembangan hukum: antara
perkawinan beda agama dan perkawinan beda kewarganegaraan di Indonesia”. Journal of Al Amin. Vol. 9.
No. 2.
He stated that she had never performed a marriage blessing with Jessica Iskandar at
the True Jesus Church in Central Jakarta using Christian religious procedures, as was the
case with the issues confronting artists Jassica Iskandar and Ludwig in relation to
marriage certificate issued by the South Jakarta civil registry. Jessika Iskandar, on the
other hand, with marriage registration requirenments and a letter of blessing from the
Central Jakarta Jesus True Church, letter number 013/GYS/jkt/VI/14, I headed to the DKI
Jakarta Disdukcapil. Jessica and Ludwig were blessed on December 11, 2013, according
to the letter, however the True Jesus Church denied performing a marital blessing on
Jessica and Ludwig a few months later.
B. FORMULATION of PROBLEM
The following are the main issues that can be formulated based on the ideas that have
been described: How international civil law resolves the mixed marriage case experienced
by Jassica Iskandar and Ludwig.
C. RESEARCH METHODS
Normative legal research methodologies were used in this study. This study is based
on secondary data, i.e. data obtained indirectly from the source or object of research, in
the form of primary legal materials, i.e. legal materials with juridical binding power, and
secondary legal materials, i.e. legal materials without juridical binding power. law, as
well as the interpretation of major legal documents such as books, magazine and
newspaper articles, online articles, and papers on the topic of this work. law, as well as
the interpretation of major legal documents such as books, magazine and newspaper
articles, online articles, and papers on the topic of this work.
D. RESULT AND DISCUSSION
Marriage in Dutch is known as huwelijk or seen in English, Marriage refers to a
couple's legal union as husband and wife, This means that a marriage is defined as an act
of the couple's legal union as husband and wife.
8
Marriage is also an important event in a
person's life which with marriage can affect the legal status of that person.
9
Meanwhile,
according to other meanings of marriage, Wirjono Prodjodikoro said Marriage is a
lifelong commitment made by a man and a woman who meet specific requirements.
10
Marriage, according to Article 1 of the UUUP, is an inner and outer relationship
formed by a husband and wife in order to create a joyful and eternal family (home) based
on the One Godhead. Marriage itself is included in the category of private affairs or a
person's personal problems, therefore marriage can be carried out or not, in the sense that
marriage is not a compulsion that must be fulfilled." Marriage, on the other hand, is not a
requirement, which lends support to the notion that some people may not want to marry
at all.
11
Mixed marriages held in Indonesia must be carried out in accordance with the
Marriage Law in Indonesia and meet the requirements of marriage. In Law No. 1 of 1974
the articles that form the basis for interfaith marriages are Article 2 paragraph (1), Article
8 letter f and Article 57.
8
Adriaan Bedner & Stijn Van Huis, (2010). “Plurality of marriage law and marriage registration for
Muslims in Indonesia: a plea for pragmatism”. Journal of Utrecht Law Review. Vol. 6. No. 2.
9
Hilman Hadikusuma, (2007), Hukum Perkawinan Indonesia Menurut Perundangan, Hukum Adat, Hukum
Agama, Bandung: Mandar Maju, pp. 7.
10
Djaja S. Melia, (2015), Perkawinan Beda Agama dan Penghayat Kepercayaan di Indonesia Pasca
Putusan Mahkamah Kontitusi, Nuansa Aulia, Bandung, pp.11.
11
Antonin Scalia, (2012), Reading Law: The Interpretation of Legal Texts, Thomson, St. Paul, pp.51.
The church where he and Ludwug performed a blessing for artist Jessica Iskandar
and Ludwig's wedding stated that they did not feel they had blessed Jessica Iskandar and
Ludwig's marriage. Because the pastor's name did not appear on the True Jesus church's
list of priests, Jessica Iskandar's assertion that he performed the blessing was a fake. The
case of Ludwig's marital annulment lawsuit filed against Jessica can be inferred to be a
case of International Civil Law because there are various foreign aspects in the form of
personal circumstances in this case, including Ludwig's citizenship status. Jessica was
born in Indonesia.
Their wedding took place in Indonesia. This is an unlawful act as defined in (Article
1365 of the Civil Code "Every act that violates the law and causes harm to others requires
the person who caused the loss due to his mistake to compensate for the loss") Jessica's
side took the action of issuing a marriage certificate based on false evidence.
From this case, the alternatives in case settlement are:
1) Link Point
a) Seen in his case, the primary point of contact is citizenship. Ludwig is a German
national, whereas Jessica is an Indonesian national in this situation.
b) the secondary point of contact in this case is the law where the unlawful act was carried
out/lex loci delicti commisi (the marriage is considered to have never happened). Because
the making of the marriage certificate is made at the Indonesian Disdukcapil.
2) Qualification
a) Legal Qualifications, namely that Ludwig as the plaintiff is German citizenship which
can be ascertained to be subject to German law, while Jessica is Indonesian citizenship
and subject to Indonesian law.
b) Qualification of facts, the juridical category of the facts found, which makes this case
a qualifying act against the law. Because Jessica's actions were in the form of falsifying
evidence for a marriage certificate.
3) Lex Fori Theory The lex fori theory states that to determine qualifications, it must be
done based on the court that hears the case. based on the principle of territoriality and
territorial sovereignty is the authority of the Indonesian court, because the defendant in
the case lives in the territory of the Indonesian jurisdiction.
4) Lex Cause In this case, as explained above, because the legal action was carried out
in Indonesia, the lex causae/actual law used to try this case also applies Indonesian law.
5) In this case the Court that has the right to hear this case is the South Jakarta District
Court, Indonesia, in accordance with the lex fori. The lawsuit for marriage annulment and
the annulment of the deed made by the DKI Jakarta Dukcapil Service which was
submitted Ludwig, as the plaintiff, filed a complaint with the South Jakarta District Court.
In order to address issues with mixed marriages, the government has taken a number
of steps, including disseminating information about the requirements that must be met by
couples of various nationalities, where one partner is an Indonesian citizen and the other
is a foreign citizen. The government of the Republic of Indonesia has implemented the
following solutions based on the description in the problem section above: 1) The
Government has completed the following in the Certificate Stage from the Marriage
Registrar: a) The government has distributed information about the certificate; b) The
government has prepared a website on the internet, and the spouses only need to access
the website link; c) The government will impose strong sanctions on rogue Marriage
Registrar Officers, and 2) In the stage of preparing the documents to carry out the
marriage, the government of the Republic of Indonesia has implemented the following
solutions: a) In accordance with the above, the government and related agencies have
disseminated information; b) The government also prepares a website on the internet,
where couples can simply access the website link and follow the data that must be
prepared in the information link.
Following that, whether in regular marriages or mixed marriages, the rights and
obligations of husband and wife are the same and in line with the applicable rules and
regulations, particularly Articles 30 to 36 of Law Number 1 of 1974 concerning
Marriage.
12
Every marriage must be recorded in accordance with the necessary rules and
regulations, as provided in Law No. 32 of 1974 concerning Registration of Marriage,
Divorce, and Reconciliation, according to Article 2 paragraph 2 of Law No. 1 of 1974.
13
The Den Haag HPI convention concerning the Law of Marital Property established
that, first and foremost, husband and wife are given the freedom to determine if they do
not take advantage of this opportunity, the international law of the husband's home
country will be applied to their marital property. The wife establishes her first daily
residence after marriage.
E. CONCLUSION
The mixed marriage procedure According to International Civil Law, the rules for
marriage for mixed marriages will essentially be returned to the spouses, each of them
will use the legislation of the prospective husband's or prospective wife's nation to
negotiate; and the marriage must be conducted in accordance with the legal processes for
12
Laurensius Arliman S, (2019). “Peran Lembaga Catatan Sipil Tehadap Perkawinan Campuran
Berdasarkan Undang-Undang Perkawinan,” Journal of Cendekia Hukum, Vol. 4 No. 2.
13
Laurensius Mamahit, (2013). ”Hak dan kewajiban Suami Isteri Akibat Perkawinan Campuran”. Lex
Privatum. Vol.1. No 1.
the marriage where it took place (lex locus celebrationis) as long as the Indonesian citizen
does. The marriage must be registered with the local country's competent authority and
reported to the representative.
This is an illegal act, according to the case of Jessica Iskandar and Ludwig. Because
Jessica's actions amounted to falsifying evidence for a marriage certificate, and in this
case, the Court with jurisdiction is the South Jakarta District Court in Indonesia, in
accordance with the lex fori. Ludwig, as the plaintiff, filed a lawsuit in South Jakarta
District Court seeking the annulment of his marriage and the annulment of the deed made
by the DKI Jakarta Dukcapil Service.
BIBLIOGRAPHY
Book:
Gunawan Y, 2021, Introduction to Indonesian Legal System, Yogyakarta: UMY Press.
Gunawan Y, 2021, Hukum Internasional: Sebuah Pendekatan Modern, Yogyakarta:
LP3M UMY.
Hadikusuma, Hilman. (2007). Hukum Perkawinan Indonesia Menurut Perundangan, Hukum
Adat, Hukum Agama. Mandar Maju: Bandung.
Melia, Djaja S. (2015). Perkawinan Beda Agama dan Penghayat Kepercayaan di Indonesia
Pasca Putusan Mahkamah Kontitusi. Nuansa Aulia. Bandung.
Scalia, Antonin. (2012). Reading Law: The Interpretation of Legal Texts. Thomson. St. Paul.
Journal:
Amin, M. Nur Kholis Al. (2016). “Perkawinan campuran dalam kajian perkembangan hukum:
antara perkawinan beda agama dan perkawinan beda kewarganegaraan di Indonesia”.
Journal of Al Amin, Vol. 9, No. 2, pp.211.
Bedner, Adriaan and Stijn Van Huis. (2010). “Plurality of marriage law and marriage
registration for Muslims in Indonesia: a plea for pragmatism”. Journal of Utrecht Law
Review, Vol. 6, No. 2, pp.175-191.
Fauzi, Rahmat. (2018). “Dampak Perkawinan Campuran Terhadap Status Kewarganegaraan
Anak Menurut Hukum Positif Indonesia,” Journal of Soumatera Law Review, Vol. 1, No.
1, pp. 155.
Mamahit, Laurensius. (2013).” Hak dan kewajiban Suami Isteri Akibat Perkawinan Campuran”. Lex
Privatum, Vol.1, No 1, pp. 13.
S, Laurensius Arliman. (2019). “Peran Lembaga Catatan Sipil Tehadap Perkawinan Campuran
Berdasarkan Undang-Undang Perkawinan,” Journal of Cendekia Hukum, Vol. 4 No. 2.
pp.156-175.
W, Herni. (2019). “Tinjauan Yuridis Akibat Perkawinan Campuran Terhadap Anak”. Journal
of Diponegoro Private Law Review. Vol. 4, No. 1, pp.448.
Yordan Gunawan, Naufal Bagus Pratama, 2020, “Diseminasi Hukum Humaniter Internasional
Dalam Upaya Menyebarkan Semangat Perdamaian”, Jurnal Loyalitas Sosial: Journal of
Community Service in Humanities and Social Sciences, Vol. 2 No. 2, p. 86.
