Media Hukum Indonesia (MHI)
Vol 4, No 3 (2026): September 2026

The Legal Consequences of Interfaith Marriages Conducted Abroad on Their Registration in Indonesia

Maharani Sahha (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas 17 Agustus 1945 Surabaya)
Muh. Jufri Ahmad (Program Studi Ilmu Hukum, Fakultas Hukum, Universitas 17 Agustus 1945 Surabaya)



Article Info

Publish Date
01 Nov 2026

Abstract

Interfaith marriages conducted abroad have become an increasingly prevalent phenomenon alongside global mobility and differences in legal regulations across countries. Under the Indonesian legal system, the validity of marriage largely depends on the fulfillment of religious requirements as stipulated in Article 2 paragraph (1) of the Marriage Law, thereby raising legal issues when foreign marriage certificates are submitted for registration in Indonesia. This study aims to analyze the legal consequences of interfaith marriages conducted abroad with regard to their registration in Indonesia and examine how the state assesses the substantive and formal validity of such marriages. The research employs normative legal research methods, using statutory and conceptual approaches through an examination of legal doctrines, family law theories, and principles of private international law. The findings indicate that although foreign marriage certificates may be formally valid under the laws of the country where the marriage was solemnized, such marriages may still fail to satisfy the substantive requirements for marriage validity under Indonesian law if they are not conducted in accordance with the applicable religious provisions. Consequently, registration in Indonesia may be refused by the Civil Registry Office, potentially resulting in the absence of recognized marital status, administrative obstacles, and civil legal vulnerabilities for both spouses and their children. This study concludes that a disharmony exists between the formal validity of foreign marriage certificates and substantive validity under national law. Therefore, clearer legal policies are necessary to ensure legal certainty for Indonesian citizens.

Copyrights © 2026






Journal Info

Abbrev

MHI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The aims of this journal is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, ...