Marriage and its Legal Implications in Indonesia
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A married couple has the obligation to maintain a household that becomes the principal structure of any community. In Indonesia, the rights and obligations of a wife are equal with those of her husband in household life and social interaction in the community.
Property in the Marriage
In Indonesia, as in other countries, a marriage has legal consequences concerning the property of the husband and wife (including gifts and inheritance), wealth acquired during the marriage, and legal consequences to any owned property if a divorce should occur.
Children or Offspring
A marriage also has legal implication to the children born within that marriage. Furthermore, pursuant to law, children are divided into two categories, namely:
A husband may deny his fatherhood of a child given birth by his wife if he can prove that his wife has committed adultery and the child is the result of such activity. The party that will decide the legitimacy of the child is a court of law upon request of the relevant party under oath.
Evidence of Child Origin
The origin of a child can only be proven with an authentic birth certificate issued by the officer of civil registry. If the birth certificate doesn't exist, a court may issue a determination on the origin of the child after conducting a hearing based on lawful evidence.
Based on the court decree, a birth registration agency in the jurisdiction of the court will in turn issue a birth certificate for the child.
The Rights and Obligations of Parents and Children
Parents are required to raise and educate their children properly. These obligations apply until the child gets married or becomes independent.
Although the parents have their authority revoked, they still have the obligation to provide child support to the children.
A child under 18 years of age or those who have yet to marry are still under the authority of the parents as the guardian authority. Such guardianship applies to the child and his/her property.
Disclaimer: The above is provided for informational purposes only and is NOT to be relied upon as legal advice. This information is not a substitute for the advice of an attorney and should not be construed as a solicitation. No attorney-client relationship is established by use of information found anywhere in this article nor in this website.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Company for his contribution of this article!
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