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The Home Ministry’s Directorate General of Citizenship and Civil Registry issues the Letter No. 472.2/5876/Dukcapil on the implementing guidelines of the registration reporting marriage agreement”

Postnuptial Agreement or known “Postnup” in Indonesia is an agreement which signed by the spouse after the marriage took place. Previously, the Indonesian Marriage Laws did not regulate regarding Postnup. It only states that the Marriage Agreement is an agreement which made by the time or before the marriage took place. 

The condition has been changed due to the Constitutional Court Decision No. 69/PUU-XIII/2015 that creates new interpretation on the related clause in the Marriage Laws, which is the Article 29 (1), (3), and (4). Based on the Constitutional Court’s interpretation of the Article 29 paragraph (1) on Marriage Laws, the spouse could make the marriage agreement by the time, before, or along the marriage.

Following the Constitutional Court’s judgment, the Home Ministry’s Directorate General of Citizenship and Civil Registry issues the Letter No. 472.2/5876/Dukcapil on the implementing guidelines of the registration reporting marriage agreement. Two of the main issues in the implementing guidelines are, as follows: 

  1. Marriage agreement can be made before, at the time, and along the marriage took place with the notary deed and needs to be reported to the Implementing Agency or the Unit of Technique Implementing (Unit Pelaksana Teknis/UPT);
  2. The terms and procedures of marriage agreement recordation and also its amendment or revocation of the marriage agreement

According to the attachment of the implementing guidelines, the recordation of reporting marriage agreement can be done with due observance of the marriage agreement made as long as still in the marriage bond.

Please be informed that for postnupt, the recordation of the marriage needs to be done according to the terms, as follows:

a.    Copy of KTP-el (Electronic Indonesian Identity Card);
b.    Copy of Family Register (Kartu Keluarga);
c.    Legalized Notary Deed of Marriage Agreement by showing the original one.

Therefore, for spouse who wants to report their marriage agreement, please make sure to fulfill all the terms that have been described in the guidelines, so that the recordation of the marriage can be perfectly made.

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Author: Windi Saptarini/Latifah Kusumawardani