KUHPer
From HAKItree
English 
Indonesian 
Download 
Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)
Chapter I - Concerning the enjoyment and the loss of civil rights
This compilation contains several ordinances set out in chronological order which contain provisions necessitated by the extraordinary circumstances which provisions deviate in part from existing legal regulations inter alia the Civil Code and the Civil Registry.
In the Dutch Civil Code pursuant to the law of July 10, 1947, N.S. No. H 232 see also 1948 No. I 343 the provisions pertaining to children's law are amended, with the result that the Dutch articles referred to in the margin are no longer consistent in most cases with the text printed next to them. Where the new Dutch text deviates substantially from an article of the Dutch Civil Code, such article will be referred to as Old Article in the margin.
Pursuant to the ordinance in S31-168 see also 423 pertaining to the distribution of assignments between the European and Indonesian Government in the government area of Java and Madura, regarding the area referred to in the Civil Code, unless otherwise provided, the words "assistant resident" and "resort of the assistant resident" shall be read as "head of the local government" and "department".
Article 1
The enjoyment of civil rights is independent from the state's rights.
-
Article 2
The circumstances in each case shall determine when a child shall be deemed to be born. In the event that a child is stillborn, it shall be deemed to have never existed.
-
Article 3
No punishment shall result in a civil death or the loss of all civil rights.
-
Chapter II - Concerning the deeds of the civil registry
Article 4
Without prejudice to the stipulations of article 10 of the general regulations of legal provisions for Indonesia, throughout Indonesia there are for Europeans, registers of, births, notifications marriages, consent to marriages, of marriages and divorces, and notification of deaths. The officials to whom the keeping of the registers is assigned, shall be referred to as "officials of the civil registry".
-
Article 5
After having heard the Supreme Court, pursuant to a separate regulation, based upon the Dutch legal requirements pertaining to the Civil Registry, the Governor General shall stipulate the locations, the individuals, the manner in which registers are kept, the assortment of deeds, and which format should be taken into consideration. This regulation shall also set forth the punishments consequent upon violations by the officials of the civil registry, only to the extent that it has or has not been provided for in the legal provisions of the Penal Code.
-
Article 5a
Legitimate and illegitimate children acknowledged by the father shall carry the family name of the father; illegitimate children not acknowledged by the father shall carry the family name of the mother.
-
Article 6
An individual shall not change his family name, or add another name, without approval from the Governor General. An individual, whose family or first names are not known, may take a last or first name with the approval of the Governor General.
-
Article 7
Applications for such approval may not be admitted earlier than four months after the date of publication of same in the official newspaper.
-
Article 8
During the period of four months referred to in Article 7, the interested parties may oppose an application for approval by filing an application with the Governor General therein stating the reasons for such opposition.
-
Article 9
The decision, whereby approval referred to in the first paragraph of Article 6 is granted shall be submitted to the official of the civil registry at the place of birth of the applicant. The said official shall record the decision in the current registers and make a note thereof in the margin of the birth certificate. The decision whereby approval referred to in the second paragraph of Article 6 is granted shall be recorded in the current registers of births in the place of domicile of the relevant party, and in the event referred to in Article 43 of the regulation concerning the keeping of registers of the Civil Registry for Europeans, shall also be recorded in the margin of the birth certificate. In the event that approval is denied, as mentioned in the previous paragraph, the Governor General may provide the interested party with a last or first name. This decision shall be treated in accordance with the previous paragraph.
-
Article 10
The acquisition of a name in accordance with the provisions of the four aforementioned articles shall never be submitted as evidence of kinship.
-
Article 11
An individual may not change his first name or add to his first name, without approval of the court at his place of domicile, done at his request, after having heard the prosecution counsel.
-
Article 12
If the court admits the change or addition of first names, then the decision shall be submitted to the official of the Civil Registry at the birth place of the applicant. The said official shall record the decision in the current registers, and shall make note thereof in the margin of the birth certificate.
-
Article 13
If no registers exist, or if they have been lost, falsified, amended, torn, eliminated, obscured or damaged if deeds are missing, or if deviations, omissions or other errors have taken place in the recorded deeds, then these shall provide grounds for the supplementation or modification of the registers.
-
Article 14
The request therefor shall only be submitted to the court of justice, within whose legal jurisdiction the registers are located or would have been kept. After having heard the prosecution counsel, provided that the interested parties have grounds for such request and provided that there is no further appeal, the court of justice shall issue a decision.
-
Article 15
This decision shall only be effective between the parties, who have appealed for such, or who have been summoned for this event.
-
Article 16
All decisions for the modification or supplementation of deeds which are legally enforceable, shall immediately after submission, be recorded by the official of the Civil Registry in the current registers, and shall in the event of modification, be recorded in the margin of the corrected deed, in accordance with the legal regulations concerning the keeping of the registers of the Civil Registry.
-
Chapter III - Concerning residence or domicile
Article 17
An individual shall be deemed to have his residence where he has established his principal abode. In the absence of such residence, the actual location of his abode shall be considered as such.
-
Article 18
An individual's change of residence shall take place by moving the actual residence to another location, and by expressing his intent to establish his principal abode there.
-
Article 19
Such intent shall be proven by a statement submitted to the head of the government (assistant resident) at the location from which the individual departs, as well as at the location to which the residence is moved . In the absence of such statement, proof of intent shall be deduced from the circumstances.
-
Article 20
Individuals summoned for public service, shall be deemed to have their residence where they carry out such service.
-
Article 21
A married woman, who is not separated from bed and board, shall not have any residence other than that of her husband; minors shall follow the residence of their parents who exercise their parental authority, or that of their guardians; adults, who are under guardianship, shall follow the residence of their guardians.
-
Article 22
Laborers, shall, pursuant to what is stipulated in the previous article, have their residence in their employers' residence if they reside with them.
-
Article 23
The funeral parlor in which a deceased person is laid shall be considered to be at the same location as the place of residence of that deceased person.
-
Article 24
Parties shall be entitled, or one of the parties shall be entitled, pursuant to a deed, and due to specific circumstances to choose a residence other than their actual one. The choice may be general, and shall extend even to the execution or shall be limited in a manner as approved by the parties or one of them. In such event, the writs, summons and warrants, expressed or implied in the deed, shall be served at the selected place of residence and in the presence of the judge of such location.
-
Article 25
If no agreement to the contrary has been made, an individual may change his selected residence, provided that the new residence is not located further than ten poles from the previous location, and that the counter party shall be notified of the change.
-
Chapter IV - Concerning matrimony
Article 26
The law shall only recognize a marriage in a civil relationship.
-
See Transitory Regulations relevant to the application of the civil children's law S.27-31 see also 390, 421 prior to Civil Code.
Article 27
At any one time a man may only be bound to one woman, and a woman bound to one man in a marriage.
-
Article 28
To enter into a marriage, the voluntary consent of the prospective spouses shall be required.
-
Article 29
A man may not enter into marriage until he has reached the age of eighteen years and a woman may not enter into marriage until she has reached the age of fifteen years. The Governor General may, however, for significant reasons, remove this prohibition by granting a dispensation.
-
Article 30
Marriage shall be prohibited between individuals who are related lineally, either by legal or illegal birth or due to marriage; and between brother and sister, legal or illegal.
-
Article 31
Marriage shall also be prohibited as follows:
(1) between brother-in-law and sister-in-law, legal or illegal, unless the spouse by virtue of whom these persons became related as brother-in-law and sister-in-law, is deceased or, because of his absence the surviving spouse has been issued approval by a judge to enter into another marriage;
(2) between uncle or great-uncle and niece or great-niece, also between aunt or great-aunt and nephew or great-nephew, legal or illegal. The Governor General may, for significant reasons, remove the prohibition set forth in this article by granting dispensation.
-
Article 32
An individual who has been convicted by legal judgment of adultery, may never enter into matrimony with the accomplice in such adultery.
-
Article 33
Individuals whose marriage has been dissolved in accordance with that which is stipulated in article 199, 3 or 4, shall not enter into matrimony for the second time until one year has elapsed after the date on which the dissolution of their previous marriage is recorded in the registers of the Civil Registry. A further marriage between the same individuals is prohibited.
-
Article 34
A woman may not enter into a new marriage earlier than three hundred days following the dissolution of the previous marriage.
-
Article 35
Approval of the parents is required for a marriage between minor legitimate children. If only one of the parents has granted his or her approval and the other parent has been deprived of his or her parental authority or guardianship over the child, then the court of justice, within whose jurisdiction the child's residence is located, shall be authorized, at his or her request, to extend approval for the marriage after having heard, or following proper summons of those whose approval is required including next-of-kin or relatives by marriage. In the event that one of the parents is deceased or is incapable of expressing his intent, then only the approval of the other parent shall be required.
-
Article 36
In addition to the approval required in accordance with Article 35 above, where minor legitimate children are under the guardianship of someone other than their father or mother, approval of such guardian shall be required or if the marriage is to be entered into with the guardian or one of the guardian's blood relatives in a direct line, approval from a supervisory guardian shall be required. If the guardian or supervisory guardian or the father or mother whose parental or guardianship rights have been removed refuse to grant their approval or fail to express their wishes, then the second paragraph of the aforementioned article shall apply, unless the parents, to the extent that their parental or guardianship rights have not been removed, have granted their approval.
-
Article 37
If the father and the mother are both deceased or are incapable of expressing their intent, then each of them shall be replaced by their parents, to the extent that they are still alive and are not similarly incapable. If somebody other than the aforementioned individuals holds guardianship, then the minors, in the circumstances mentioned in the previous paragraph, shall still require the approval of the guardian or supervising guardian in accordance with the distinction made in the previous article. The second paragraph of Article 35 shall apply, if, those persons, whose approval is required pursuant to the first or second paragraph of this article, differ in opinion or if one or more do not express their opinion.
-
Article 38
If the father, mother, grandfather and grandmother are absent, or if they are incapable of expressing their wishes, then the legitimate children, to the extent that they are still minors, may not enter into matrimony, without the approval of their guardian and their supervising guardian. In the event that the guardian and the supervising guardian or either one of them refuses to grant approval or declare themselves, then at the request of the minors, the court of justice, within whose jurisdiction the residence of the minors is located, shall be authorized to grant permission for the marriage, after having heard or after having properly summoned the guardian, the supervising guardian, the blood relatives and the relatives by marriage.
-
Article 39
Legally acknowledged illegitimate children, shall not, while they are still minors, enter into marriage without the approval of the father and mother, by whom they have been acknowledged, to the extent that both or one of them are still alive and are capable of expressing their wishes. If, during the life of the father or the mother, by whom they have been acknowledged, somebody other than the father or mother assumes a role as their guardian, then they shall require the approval of the guardian, or in the event that it concerns a marriage to him or one of his blood relatives in the direct line, then the approval of the supervising guardian shall be required. In the event of a difference of opinion between those whose approval is required pursuant to the first and second paragraphs, and one or more refuse to grant such approval, or one or more do not declare themselves, then the court of justice, within whose jurisdiction the residence of the minors is located, shall be authorized, at the request of the minor, to grant permission to enter into the marriage, after having heard or having properly summoned those whose approval is required. In the event that the father as well as the mother, by whom the minor is acknowledged, are either deceased, or incapable of expressing their wishes, then the approval of the guardian and the supervising guardian shall be required. If one or both refuse to grant approval, or do not declare themselves, then the second paragraph of Article 38 shall apply, with the exception of whatever has been stipulated regarding blood relatives or relatives by marriage.
-
Article 40
Illegitimate children who are not acknowledged while still minors, shall not enter into marriage without the approval of their guardian or supervising guardian. If one or both refuse to grant approval or do not express their wishes, then at the request of the minor, the court of justice, within whose jurisdiction the residence of the minors is located shall grant approval thereof, after having heard or having properly summoned the guardian and supervising guardian.
-
Article 41
The judgments of the court of justice in the circumstances mentioned in the previous six articles, shall be passed without any form of legal procedure. The judgments shall not, regardless of whether approval is granted or refused, be subject to further appeal.The hearings of those whose approval is required, as mentioned in the previous six articles, shall, if the persons being heard are located or reside outside the area in which the court of justice is established, be assigned to the residential judge and head of the local government (the assistant resident)of their location or residence. Such residential judge and head of local government (the assistant resident) shall designate the official who shall provide the minutes to the court of justice. The summoning of those whose approval is required, shall take place in the manner stipulated in Article 333 in respect of blood relatives and relatives by marriage. They may also be represented in the manner stipulated in Article 334.
-
Article 42
Legitimate children who are no longer minors, but have not reached the age of thirty years must also seek the approval of their parents in order to enter into matrimony. In the event that they are unable to obtain such approval, they may appeal to the court of justice at their place of domicile, for it's intervention, having regard to the provisions of the following articles.
-
Article 43
Within a period of three weeks or such other period that the court of justice shall deem appropriate, effective from the date on which the letter of request is filed, the court shall summon the father, mother and child, to inform them in private of that which it deems to be honorable and in their mutual interest. Minutes shall be drafted and shall include details of appearances by the parties but shall exclude details of the arguments submitted by the various parties.
-
Article 44
In the event that neither the father nor the mother makes an appearance, the marriage shall proceed on the basis of the presentation of the deed which details the non-appearance.
-
Article 45
If the child fails to appear, the marriage cannot proceed without a renewed request for intervention.
-
Article 46
If the child and either one or both of the parents appear which parent or parents refuse to grant approval, then the marriage shall not be concluded earlier than three full months after the date of appearance.
-
Article 47
The provisions of the last five articles are also applicable to illegitimate children and to the father and mother by whom they have been acknowledged.
-
Article 48
If either one or both parents are not located in Indonesia, then the Governor General may grant dispensation from the requirements stipulated in Article 42 through 47Article 47.
-
Article 49
For the purposes of Articles 35, 37, 38 and 39, continuous or temporary absence from Indonesia shall not constitute incapability of the parents or grandparents to grant approval to minors to enter into marriage,
-
Article 50
All individuals, who intend to enter into matrimony with one another, shall notify the official of the Civil Registry at the place of domicile of one of the parties.
-
Article 51
Individuals shall either notify in person or provide documentation in which the intent of the prospective spouses is set out with sufficient certainty, on the basis of which a deed shall be drafted by an official of the Civil Registry.
-
Article 52
Prior to the solemnization of a marriage, the official of the civil registry shall announce such event by means of affixing a notification drafted by the official, to the main entrance of the building where the registers of the civil registry are kept. The announcement shall be affixed for a period of ten days. The announcement shall not appear on a Sunday; New Year's day, the Christian second Easter and Pentecostal days, first and second Christmas days, Ascension day and the birthday of the King shall be regarded as having the status as Sundays. This document shall contain the following:
(1) the names, first names, age, profession and the residence of the prospective spouses, and if they have been married previously, the names of their former spouses;
(2) the date, location, and time on which the announcement appears. The document shall be signed by the official of the Civil Registry.
-
Article 53
In the event that the prospective spouses are not domiciled within the same civil registry area, then the announcement shall be arranged by the respective officials of the civil registry within whose area the respective parties are domiciled.
-
Article 54
If the prospective spouses have not resided for a full six month period in one area of an official of the civil registry, the aforementioned announcement shall be arranged by the official of the civil registry within whose area they were domiciled most recently. In the Government area of Java and Madura, dispensation from this requirement may be granted by the Head of the Regional Government within whose area the marriage notification has been given based upon significant reasons put forth by the resident and others.
-
Article 55
Revoked: S.16-338 see also 17-18.
-
Article 56
Revoked: S.16-338 see also 17-18.
-
Article 57
If the marriage does not take place within one year after the marriage notification, a new notification must be given prior to the marriage taking place.
-
Article 58
Marriage promises shall not form grounds for a lawsuit for solemnization of a marriage, nor for compensation in the form of costs, damages and interest, due to non-fulfillment of the promises; all claims for compensation in these cases shall be deemed void. If, however, the notification of a marriage by an official of the Civil Registry is followed by an announcement, this may form grounds for claiming compensation in the form of costs, damages and interest, based upon actual material losses, which one party due to the refusal of the other, may have sustained, provided however that no anticipated profits may be claimed. No such claim shall be made after the expiration of eighteen months from the date of the marriage announcement.
-
Article 59
The right to obstruct the execution of a marriage, shall only be enjoyed by the individuals and in the circumstances specified in the following articles.
-
Article 60
An individual who is bound in marriage to one of the parties intending to enter into marriage, and children of that marriage, shall be authorized to prevent the new marriage from taking place on the basis of the existing marriage.
-
Article 61
The father or the mother of a party to an intended marriage may prevent the marriage from taking place in the following events:
(1) if their child, who is still a minor, has not obtained the required approval;
(2) if their adult child, who has not yet reached the age of thirty years, has failed to obtain their approval and where such approval has been refused, has failed to seek the intervention of the court of justice, which is required pursuant to Article 42;
(3) if one of the parties due to mental incapacity has been put under guardianship, or has sought approval from the guardian who has not yet decided whether or not to grant such approval;
(4) if one of the parties cannot comply with the requirements to enter into a marriage in accordance with the provisions of the First Section of this Title;
(5) if the required marriage announcement has not taken place;
(6) if one of the parties due to wasteful behavior has been put under guardianship, and the intended marriage could be damaging to their child. In situations where someone other than a father or mother exercises parental authority over a child, such person, being the guardian, or his replacement, being the supervising guardian, shall be deemed to have the same authority in the events specified in numbers (1), (3), (4), (5) and (6) of this article.
-
Article 62
In the absence of both parents, the grandparents and the guardian or his replacement, being the supervising guardian, shall be authorized to obstruct the marriage in the events stipulated in numbers (3),(4),(5) and (6) of the previous article. The grandparents, the guardian and the supervising guardian are, in the instance stipulated in number 1, authorized to obstruct the marriage, if their approval is required.
-
Article 63
In the absence of grandparents, the brothers, sisters, uncles and aunts, including the guardian, supervising guardian, conservator and supervising conservator may obstruct an intended marriage as follows:
(1) if the requirements of Article 38 and Article 40 regarding obtaining approval for a marriage have not been complied with;
(2) for the reasons specified in numbers (3),(4),(5) and (6) of Article 61.
-
Article 64
A husband, whose marriage has been dissolved due to divorce, may obstruct the marriage of his former spouse, in the event that she intends to enter into a new marriage prior to the expiration of three hundred days following the aforementioned dissolution.
-
Article 65
The prosecution counsel is required to obstruct an intended marriage in the events set out in Article 27 through Article 34.
-
Article 66
The obstruction of the marriage shall be noted by the court of justice, whose jurisdiction covers the Civil Registry of the official who is to execution the marriage.
-
Article 67
The deed of obstruction shall stipulate all reasons on which the obstruction is based and no reasons shall be given other than those that existed prior to the obstruction.
-
Article 68
Revoked; S.37-595, effective as of January 1, 1939.
-
Article 69
In the event that the application for obstruction is rejected, those seeking obstruction not being blood relatives in a direct line upwards or downwards or the prosecution counsel may be found liable for costs, damages and interest.
-
Article 70
In the event that the marriage is obstructed, the official of the Civil Registry shall not execute the marriage unless a legal judgment or authentic deed, whereby the obstruction is rendered legally void, has been submitted to him Violation of this provision shall render the guilty party liable for compensation in the form of costs, damages and interest. In the event that the marriage is entered into prior to such obstruction being canceled, the lawsuit regarding that obstruction may be continued, and the marriage shall be rendered legally invalid in the event that the claim is awarded to the opposing party.
-
Article 71
Prior to executing a marriage, the following documents shall be submitted to the official of the civil registry:
(1) the birth certificate of each of the prospective spouses;
(2) a deed, drafted by the official of the Civil Registry and entered in the register or another authentic deed, containing the approval of the father, mother, grandfather or grandmother, the guardian or supervising guardian, as well as the approval granted by the judge in the instances in which such is required; the approval may also be granted in the marriage deed;
(3) the deed stipulating the intervention of the court of justice , in the instances so required;
(4) in the event of a second or subsequent marriage, the death certificate of the previous spouse, or the divorce deed, or copy of the judge's permission, granted in the absence of the second spouse;
(5) the death certificate of those whose approval is required for the marriage;
(6) proof that the marriage announcement has taken place without any obstruction at the location and in accordance with the provisions set out in Article 52 and the following articles of this title, or proof that the obstruction has been rendered legally void;
(7) the dispensation granted;
(8) the approval, required, for officers and military personnel of lower rank for a marriage.
-
Article 72
If a prospective spouse is unable to present his or her birth certificate in accordance with the first paragraph of the previous article, such deed shall be replaced by a deed of acknowledgment witnessed by two individuals being male or female regardless of whether or not they are blood relatives of the said prospective spouse, such deed being submitted by the head of the local government at his or her place of birth or residence. This statement shall specify the place of birth and as accurately as possible the date of birth as well as the reasons preventing the submission of a birth certificate. The absence of a birth certificate may also be remedied, by a similar statement under oath, provided by the witnesses, who should be present at the execution of the marriage, or a statement under oath submitted to the official of the Civil Registry, by the prospective spouse, stipulating that he or she cannot provide a birth certificate or deed of acknowledgment. The marriage certificate shall refer to these statements.
-
Article 73
In the event that the parties are unable to submit the death certificate referred to in Article 71 number (5), this shall be remedied in the same manner as set out in the previous article.
-
Article 74
If the official of the civil registry refuses to execute a marriage, on grounds of insufficiency of the documents and statements required in accordance with the provisions of the previous articles, then the parties shall be entitled to appeal to the court of justice by submitting a letter of request; the court shall hear the opinion of the prosecution counsel and the official of the civil registry and provided that there are grounds therefor, shall summarily make a decision on whether or not the documents submitted are sufficient and no further appeal shall be permitted.
-
Article 75
The marriage shall not take place prior to the tenth day following the announcement, not including the date of the announcement. The Head of the Local Government within whose jurisdiction the marriage notification is placed may for significant reasons dispense with the requirements relating to the announcement and prescribed time period. The dispensation granted shall immediately be affixed on the main entrance of the building, in the manner set out in the first paragraph of Article 52. The dispensation shall stipulate the date on which the marriage shall take place or has already taken place.
-
Article 76
The marriage shall take place in public, in the building where the certificates of the civil registry are produced and before the official of the civil registry in the place of domicile of one or both parties, and in the presence of two witnesses, either relatives or strangers, above the age of twenty one years, and domiciled in Indonesia.
-
Article 77
If one of the parties is prevented from attending the marriage in the aforementioned building and can demonstrate a legitimate reason for same, the marriage may take place in a special house within the jurisdiction of the official of the civil registry. In such circumstances, the marriage certificate shall stipulate the reason for the relocation of the venue. The decision as to whether or not the reason is acceptable shall be at the discretion of the official of the Civil Registry.
-
Article 78
The prospective spouses shall appear in person before the official of the civil registry at the execution of the marriage.
-
Article 79
The Governor General may for substantial reasons, allow the parties to execute the marriage by proxy pursuant to a specific authentic power of attorney. If the authorizer has legally entered into matrimony with another individual prior to the execution of the marriage, then the marriage, executed by proxy, shall be regarded as not having taken place.
-
Article 80
The prospective spouses, shall, before the official of the civil registry and in the presence of witnesses, declare, that they accept each other as spouses, and shall faithfully fulfill all legal obligations applicable to married status.
-
Article 81
The parties must provide evidence to their religious officials, of the execution of their marriage before the official of the Civil Registry, prior to any religious ceremony taking place.
-
Article 82
In the event of violation of the provisions of this title by the officials of the Civil Registry, a monetary fine not exceeding one hundred guilders, may, to the extent that this is not contained in the regulations of the Penal Code, be imposed on the officials by the court of justice, without prejudice to the rights of redress of the relevant parties, provided that there are grounds therefor.
-
Article 83
Marriages executed abroad between either Dutch citizens, or Dutch citizens and foreigners, shall be valid, if they are executed in the format customary in the country where the marriage took place, and the spouses, who are Dutch citizens, have not acted in contravention of the provisions of the first section of this title.
-
Article 84
Within one year after the return of the spouses to Indonesia, the marriage certificate, executed abroad, shall be copied in the public marriage register of their place of domicile. (Bw.4v., 91, 152; BS.1v., 63; Civ.171)
-
Article 85
A marriage can only be annulled by a judge.
-
Article 86
The annulment of a marriage which breaches Article 27, may be sought by an individual who has been bound in matrimony to one of the spouses, by the spouses themselves, by the blood relatives who are in the ascending line, by those who will benefit from the annulment declaration, and by the prosecution counsel. The validity of a marriage shall be established prior to its annulment taking place
-
Article 87
The validity of a marriage to which one or both spouses have not willingly consented may only be disputed by the spouse/spouses who have not willingly consented In the event that an individual, to whom one is married , has erred, then the validity of the marriage may only be disputed by the spouse, who has been misled by such error. In all cases indicated in this article, an individual shall not be permitted to file for annulment, if the spouses have been living together for a continuous period of three months, effective from the time the spouse obtains his or her freedom, or the error is discovered.
-
Article 88
If a marriage is entered into by an individual who has been placed under guardianship due to mental incapacity, then the validity of the marriage may be disputed by his or her father, mother and other blood relatives who are in the ascending line, brothers, sisters, uncles and aunts, the guardian, and finally by the prosecution counsel. Following termination of the guardianship, annulment may be sought only by that spouse placed under guardianship, provided always, that he or she may not do so if both spouses have been living together for a period of six months following date of termination of guardianship.
-
Article 89
If a marriage has been entered into by an individual, who has not reached the required age as stipulated in Article 29, then the annulment may be requested, either by the spouse who has not reached the required age, or by the prosecution counsel. The validity of the marriage, however, cannot be disputed for the following reasons:
(1) if, on the date the annulment is filed for, the spouse or spouses have reached the required age;
(2) if the wife, even though she has not reached the required age, becomes pregnant prior to the date of filing for annulment.
-
Article 90
The annulment of all marriages, entered into in violation of the provisions of Article 30, 31, 32 and 33, may be sought, either by the spouses themselves, or by their parents or blood relatives in the ascending line, or by anyone who has a beneficial interest in such annulment, or by the prosecution counsel.
-
Article 91
If a marriage is concluded without the consent of the father, mother, grandparents, guardian or supervisory guardian, or without the consent or hearing of the guardian as required under Article 35, 36, 37, 38, 39 and 40, an annulment may only be sought by those whose consent or hearing is necessary in accordance with the law. The application for annulment shall not be filed by blood relatives, whose consent is required, if the marriage has been expressly or impliedly approved by them, or if six months has passed without any opposition by them, from the time that they have become aware of the marriage. With respect to a marriage concluded outside Indonesia, it shall not be assumed that the blood relatives are aware of the marriage in circumstances where the spouses have failed to have the marriage certificate copied in the public registers, in accordance with the provisions of 84.
-
