TEMPO.CO, Jakarta - Indonesians married to foreign nationals do not to need to create a prenuptial agreement to separate the ownership of their property now, since a Constitutional Court change to a marriage regulation last week.
Article 29 of the 1974 Marriage Law, was declared unconstitutional last Thursday (Oct. 27) enabling Indonesian mixed married couples to own property as they can now create a postnuptial agreement on separate ownership during their marriage.
Chairperson of the advisory board for the Indonesian Mixed-Marriage Community (PerCa), Melva Nababan, said they are happy with this constitutional court decision because it gives foreigners and their Indonesian spouses the freedom to own property.
This change in regulations grants “permission or a better chance for (mixed married couples) to make the nuptial agreement during the marriage,” she said.
Prior to the ruling, the separation of property ownership could only be made before a marriage took place. This eliminated couples that did not have a prenuptial agreement.
“There are still many issues which discrimination is still going on,” Melva said, for mixed marriage couples.
One key rule she pointed out was Article 41 in the Citizenship Law enacted in 2006, which allows children of mixed marriages born before 2006 to attain Indonesian nationality if they registered with the government 4 years after the law was made.
If children were not registered in time because their parents were not aware of the law, which was a common occasion, then they lose their birthright to be an Indonesian citizen.
“This is about protecting children as well,” said Melva.
SAMANTHA YAP
