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Mixed Marriage Legal Problems in The International Civil Law Perspective : Jessica
Iskandar's Marriage Case With Ludwig Franz Willibald
Ardi Novasela Putra,International Program for Law and Shariah, Faculty of law, Universitas Muhammadiyah Yogyakarta,
Ardi.novasela.law18@mail.umy.ac.id
Abstract
Mixed marriage is one of the common marriages today, differences in mixed marriages make
problems in mixed marriages more complicated, therefore international civil law is here to
regulate a legal problem that occurs and is related to foreign elements, as in the case of
Jessica Iskandar and Ludwig Franz Willibald which became controversial because of
disputes and stories involving foreign things due to differences the citizenship between the
two of them, with the existence of cases between the two that occurred to make international
civil law should be used both from Indonesian law and German law to resolve and discuss
the causes and what should happen, the motivation behind writing this is to investigate the
problems arising in the mixing of marriages and their settlement through the perspective of
international civil law, This research uses a normative juridical approach.
Keywords : Mixed marriage, Legal Problem, International civil law.
INTRODUCTION
In Article 57 of Law No.1 of 1974 concerning marriage explains the meaning of
mixed marriage as "what is meant by mixed marriage is a marriage between two people who
in Indonesia are subject to different laws, due to differences in nationality and one party is a
foreign citizen and one of the parties is a foreign citizen. Indonesian citizens".
It is very challenging to unite different cultures into one direction to become a couple
because many of the domestic life of different nationalities in the household are not happy,
sometimes even arguing and fighting, especially if The couple is married have a mixed
marriage because it will bring the laws, customs, and cultures of each party.
Intimate relationships outside of marriage or premarital are taboo to convey or do,
Indonesian law clearly discusses marital relations outside of marriage and this can be sued in
court with certain conditions, this also happens in Africa sex outside of marriage or before
pregnancy is a taboo and heavy relationship society is very threatening this act, this can make
someone who has a relationship outside of marriage kept away from people around him to
close relatives
1
Marriage can be carried out or not, because it is not a condition that must be met
because it is included in a person's personal affairs or personal affairs. In contrast, there is no
obligation to marry, which supports the idea that some individuals may not choose to marry
at all issues related to divorce fall under the category of personal status
2
while divorce
between spouses of the same nationality is not problematic, it becomes less problematic and
only slightly problematic when the husband and wife are of different nationalities
3
, there are
legal consequences arising from divorce in mixed marriages between citizens, including the
following;
1) Consequences on joint property after marriage
2) Consequences on the guardianship rights of children from mixed marriages between
citizens
3) Consequences on the citizenship status of the child and each party
1
Thandiwe Msipu Phiri,Patrick Nyamaruzeand Olagoke Akintola, 2021, Stress And Coping Among Unmarried
Pregnant, University Students In South Africa
2
Antonin Scalia, 2012, Reading Law, The Interpretation Of Legal Texts, Thomson, St. Paul, p.51.
3
Muttaqin, Muhammad Ngizzul, 2020, Unregistered Marriage Between Indonesian Citizen And Foreign
Citizens With The Legal Perspective Of Marriage In Indonesia, p.155.
Jessica Iskandar's marriage case with Ludwig Franz Willibald Maria Joseph Leonard
Erbgraf Von Waldburg Wolfegg Waldsee who is the Crown Prince of Johannes Franz Xaver
Willibald Maria Joseph Philipp Jeningen Leonnard Erbgraf Fürst Von Waldburg Wolfegg
Waldsee from the Schloss Wolfegg Kingdom in Germany resulted in a divorce filed by the
husband to South Jakarta District Court in 2015 and has 1 child, namely El Barack Alexander.
This makes the author want to bring up this case from the perspective of international civil
law, considering that both of them have different nationalities and their children were born
in other countries.
RESEARCH PROBLEM
What are the legal problems that occur in mixed marriages that occur in Indonesia
based on the case of Jessica Iskandar vs Ludwig Franz Willibald?
RESEARCH METHOD
This type of research is legal normative research that uses a legal and comparative
approach in analyzing the mixed marriage problem that occurred in this problem based on
the perspective of international civil law.
DISCUSSION AND ANALYSIS
For Indonesian households, the issue of premarital sex or pregnancy before marriage,
virginity and the identity of girls as virgins is very important. When the child is already in
the womb, the marriage path can reduce the stigma associated with unwanted pregnancy,
although such marriages are sometimes short-lived.
4
The problem with Jessica Iskandar and her husband Ludwig is indeed very strange.
The chronology all starts with their own relationship, Jessika Iskandar became pregnant out
of wedlock with Ludwig in 2013 on December 11, 2013, On December 17, 2013, Jessica
Iskandar's older brother, Henry, registered with the Department of Population and Civil
Registration to register Jessica Iskandar's marriage with Ludwig as an intermediary, in
January 2014, Jessica Iskandar and Ludwig signed a marriage certificate accompanied by 2
One of the witnesses was Jessica Iskandar's older brother, Henry, in a special room inside the
ANTV office, Jessica Iskandar went to America with the intention of meeting her husband
and it turned out that she was pregnant 2 weeks earlier than expected and gave birth in
America on July 21, 2014, but 1 month before El Barack was born, the True Jesus Church
on June 2, 2014 sent a marriage certificate which took place at the church and said that simone
jonathan who was the pastor who blessed Jessica Iskandar and Ludwig according to the letter
henry brought Jessica Iskandar's sister to Department of Population and Civil Registration
was not real and they were also not registered to be married in the true jesus church, in other
words their marriage certificate is fake and invalid. That means Jessica Iskandar and Ludwig
are not married religiously, but have been recorded and accepted by the state because the
letter that Henry brought to the Department of Population and Civil Registration was declared
received exactly 2 days after Henry submitted it to the office. However, in October 2014
4
Deshinta Dwi, 2020, The Voices Of Unmarried Pregnant Girls And The Girlhood Discourse In Yogyakarta,
Yogyakarta, p.7.
Ludwig filed a marriage annulment lawsuit to the South Jakarata District Court on suspicion
of not being married to Jessica Iskandar, in 2015 based on a lawsuit from Br. Ludwig and
Jessica Iskandar are declared divorced.
Marriage with a different nationality is nothing new, in America, many people marry
people of other nationalities, the most cases are in the East Bay area where 66% of the
population has marriages of different nationalities, and 44% of them are married to Jews
5
.
The marriage of Jessica Iskandar and Ludwig is indeed controversial, judging from
the chronology of the controversial marriage path of Jessica Iskandar and Ludwig, there is
one thing that is categorized as a violation of the law, namely, evidence that the names of
Jessica Iskandar and Ludwig are not in the list of brides who married at the True Jesus Church
in December and the name of the pastor who is responsible for it, with a letter sent by Br
Henry to Department of Population and Civil Registration, in this case, whether Jessica
Iskandar, or Ludwig or Henry Iskandar can be sued in court for violating the article on forgery
of documents in accordance with article 263 paragraph (1) of the Criminal Code.
Marriage registration is an important thing to do for those who want to get married.
Indonesian civil law regulates recording, namely in Section 1 of Article 2 of Law No. 1 of
1974 Concerning Legal Marriages Marriage is a union that is performed in accordance with
each partner's legal and religious beliefs, additionally, Article 2 Paragraph 2 of the Marriage
Law stipulates the requirement that every marriage be recorded in the Official Marriage Book
(PPN) at the Civil Registration Office for Muslims and at the Office of Religious Affairs
5
Ira M. Sheskin, Harriert Hartman, 2015, The Fact About Intermarriage, Miami, p.164.
(KUA) for adherents of other religions, in according with all applicable rules. Government
Regulation Number 9 of 1975 Concerning the Implementation of Law Number One of 1974
Concerning marriage
6
, because the following activities are very important for human
survival, Registration of marriage is a law that includes mashlahah and reward and serves as
a general statement
7
, marriage registration is also important, especially for those who want
to live in other countries such as migrant workers
8
So is the law in Germany, German law
also regulates marriage registration, to get a marriage certificate, you must first register at the
head office, this is regulated in the law of that state (section 1309 (1) of the German Civil
Code - BGB).
Regarding their marital status, according to the chronology, civil law is not
recognized, considering that they falsified their marriage certificate even though it was
received and recorded by the state on the grounds of not knowing
9
. In other words, both
Jessica Iskandar and Ludwig cannot be called husband and wife in the eyes of law and
religion, because basically they are not married in the church accompanied by the priest and
witnesses. Therefore, Ludwig's claim that he did not feel that he married Jessica Iskandar
was accepted by the judge because their marriage never took place due to falsification of
marriage evidence, the existence of a baby in Jessica Iskandar's stomach along with false
evidence of marriage, both Jessica Iskandar and Ludwig can be sued under article 284 but in
6
Rachmadi Usman,2018, Makna Pencatatan Perkawinan Dalam Peraturan Perundang-Undangan Di Indonesia,
Jurnal Legislasi Indonesia, p.270.
7
Iffatin Nur, Muhammad Ngizzul Muttaqin,2020, Reformulating The Concept Of Maslahah: From A Textual
Confinement Toward A Logic Determination, p.79.
8
Abdul Jamil, Fakhrudin, Mustolehudin, 2018, Marriage Problem Of Indonesian Citizens Living In Netherland
Under The Perspective Of Marriage Law, p.255.
9
Yordan Gunawan, 2021, Introduction to Indonesian Legal System, Yogyakarta, UMY Press, p.
article 284 paragraph (2), only women or men can complain, because article 284 is a
complaint offense article.
The issue with marriage is the will of the prospective husband and prospective wife.
Marriages between men and women of various nations are viewed from the standpoint of
international civil law are regulated in civil law
10
, both Indonesia and other countries, they
can choose which country they will marry, which will determine Identify the law that on the
future, marriage to divorce if it occurs based on the principle of loci celebrationis, judging
from the example of the case between Jessica Iskandar and Ludwig, in this case they chose
Indonesia as the place by registering the marriage to Indonesia even though it was fake and
recorded in Indonesia. Because their marriage was registered in Indonesia, Ludwig filed an
annulment of the marriage to the South Jakarta District Court in accordance with the lex fori
principle.
Although the marriage of Jessica Iskandar and Ludwig has ended, which has been
declared by the court, children from different nationalities are a new problem in this case.
children in mixed marriages are protected in Indonesian civil law, The requirements of
Article 41 of Law Number 1 of 1974, which says that a divorce has the following legal
repercussions under Indonesian law:
a) Mothers and fathers have the responsibility to raise and educate their children, completely
in the best interests of the child if there is a disagreement about who has custody of the child,
the court decides.
10
Yordan Gunawan, 2021, Hukum Internasional: Sebuah Pendekatan Modern, Yogyakarta, LP3M UMY, p.
b) Have the duty to rear and educate their children wholly in the kid's best interests if there
is a dispute about who has custody of the child, the court makes the decision.
c) The ex-husband may be ordered by the court to pay for living expenses, and the ex-wife
may also be given obligations.
International civil law seeks to uphold children's rights, particularly those of minors
in the case of the fictitious, in civil law, children from non-marital relationships marriage are
regulated in the Decision of the Constitutional Court (MK) Number 46/PUU-VIII/2010
which is a judicial review of Law No.1 of 1974 concerning Marriage, regulated in Article 43
paragraph (1) of the Marriage Law after The Constitutional Court's decision stated that a
child born outside of marriage has a civil contact with his mom and her family, as well as
with a people who can be identified as his father through science, technology, or other
evidence that satisfies legal requirements for proof of blood relationships, including a civil
contact with his father's family, due to the different nationalities of their parents, Internationa
civil law regulates children's problems, especially children from parents of different
nationalities, 12 of 2006 explains that after the age 18 years or already mariage the El barack
child can choose which nationality
11
. The choice is in the hands of the child himself.
Problems arise, especially regarding the offspring of a connection between Jessica
Iskandar and Ludwig who are in charge of custody. The thing is that the two have separated
and are 2 different citizens, in Indonesia, the issue of custody governed by article 45
paragraph (1) concerning the law of marriage, which stipulates both of parents are
11
Sujana Nyoman, 2017, Legal Consequences Of Divorce In Mixed Marriage, p.56
responsible for maintaining and educating their children
12
. In paragraph (2) it is stated that
until the child marries or can support themselves on their own, whoever has the responsibility
to survive even though the marriage of both parents is broken, the obligations of both parents
mentioned in paragraph (1) remain in effect, both sections emphasize the importance of
parents ensuring that their children are cared for and educated until they reach adulthood
even though the parents are divorced, the obligation to look after and providing for children
is a way of upholding their rights, given that their rights are inherent since birth.
13
In Islamic law, provisions regarding child custody are regulated more firmly and in
detail compiled by the Islamic Law in Article 105. Article 105 of the KHI in detail states that
in the event of a divorce
14
:
a) In the event of a divorce, the mother is entitled to care for any children under the age of
12 or mumayyiz.
b) In the event that the child reaches the age of mumayyiz, then the child has the right pick
between their mother or father as the person who has the authority to care.
c) The father is responsible for the upbringing of the child.
12
Cholis, Arinie Sherlita, 2020, The Legal Standing & Inheritence Rights For Out Of Wwdlock Child In Term
Of Civil Inheritance Law, p.77.
13
Adi Nur Rohman, 2022, Progresive Reading Of Child Custody In Indonesian Marriage Law From Gender
Justice Perspective (Comparative Study Of Law No. 1 Of 1974and The Compilation Of Islamic Law), Jakarta,
p.45.
14
Bedner, Adriaan, Stijn Van Huis, 2010, Plurality Of Marriage Law And Marriage Registration For Muslims
In Indonesia: A Plea For Pragmatism, p.178
In contrast to German law, the law in Germany regarding child custody for unmarried parents
such as Jessica Iskandar and Ludwig must agree together before the juvenile department
(Jugendamt), or a judge can grant shared custody the family court, if not, then the last option
is the mother has sole custody of youngsters conceived by unmarried parents.
15
as in the situation of unmarried parents having children case of Jessica Iskandar and
Ludwig certainly have rights and are protected by Indonesian law, The ruling of the
Constitutional Court No. 46/PUU-VIII/2010 explains that giving children born without sin
justice and legal certainty, every young person should get the same treatment, children don't
have to take responsibility for mistakes made by their parents
16
. This is also similar to the
law in Germany in basic rights article 6 (5) which also explains about children outside
marriage who have rights in physical and mental development and also positions in society
regulated by law.
CONCLUSION
International civil law will protect all marriages, regardless of their nature, the
application of which is between countries related to the marriage, international civil law is
not written and recorded but exists and protects its citizens, the controversial case of Jessica
Iskandar and her ex-husband Ludwig caused problems, especially for their children,
especially the citizenship of El barack, young El baracak needed some time for him to
determine his nationalit with custody now held by the mother, it proves that the law has tried
15
Maria Baronin, Sophie Beckers, 2022, Family Law And Regulation Germany
16
Cok Gede Mega Putra, 2020, Civil Relationship Of Children Born Without Marriage With Biological Father
Based On Constitutional Court Decision Number 46 /PUU – VIII/2010, p.61.
to protect and maintain any relationship, whether the subject is an Indonesian citizen or
foreign citizen or without citizenship regardless of any status.
BIBLIOGRAPHY
Abdul Jamil Wahab, Fakhrudin, Mustolehudin, 2018, Marriage Problem of Indonesian
Citizens Living in Netherland Under The Perspective of Marriage Law, p.255.
Adi nur rohman, 2022, Progresive Reading of Child Custody in Indonesian Marriage Law
From Gender Justice Perspective (Comparative Study of Law No. 1 of 1974and The
Compilation of Islamic Law), Jakarta, p.45.
Antonin Scalia, 2012, Reading Law, The Interpretation of Legal Texts, Thomson, St. Paul,
p.51.
Bedner, Adriaan, Stijn Van Huis, 2010, Plurality of marriage law and marriage registration
for Muslims in Indonesia: a plea for pragmatism, p.178
Cholis, Arinie Sherlita, 2020, The Legal Standing & Inheritence Rights For Out of Wwdlock
Child in Term of Civil Inheritance Law, p.77.
Cok Gede Mega Putra, 2020, Civil relationship of children born without marriage with
biological father based on constitutional court decision number 46 /PUU –
VIII/2010, p.61.
Deshinta Dwi, 2020, The voices of unmarried pregnant girls and the girlhood discourse in
Yogyakarta, Yogyakarta, p.7.
Gunawan Y, 2021, Hukum Internasional: Sebuah Pendekatan Modern, Yogyakarta: LP3M
UMY.
Gunawan Y, 2021, Introduction to Indonesian Legal System, Yogyakarta: UMY Press.
Iffatin Nur, Muhammad Ngizzul Muttaqin,2020, Reformulating The Concept of Maslahah:
From A Textual Confinement Toward A Logic Determination, p.79.
Ira M. Sheskin, harriert Hartman, 2015, the fact about intermarriage, Miami, p.164
Maria Baronin, Sophie Beckers, 2022, Family law and regulation Germany
Muttaqin, Muhammad Ngizzul, 2020, Unregistered Marriage Between Indonesian Citizen
and Foreign Citizens With the Legal Perspective of Marriage in Indonesia, p.155.
Rachmadi Usman,2018, Makna Pencatatan Perkawinan Dalam Peraturan Perundang-
Undangan Di Indonesia, Jurnal Legislasi Indonesia, p.270.
Sujana nyoman, 2017, Legal Consequences of Divorce in Mixed Marriage, p.56.
Thandiwe Msipu Phiri,Patrick Nyamaruzeand Olagoke Akintola, 2021, Stress and coping
among unmarried pregnant, university students in South Africa
