Understanding the Legal Landscape

Living in Indonesia brings its own set of legal complexities, particularly when it comes to mixed marriages. To ensure your wedding day and life thereafter are seamless, we’ve put together a comprehensive guide on mixed marriage in Indonesia and the rights you hold as a spouse of an Indonesian citizen.

Securing Long-Term Residency in Indonesia

Obtaining KITAS/ITAS or KITAP

As the spouse of an Indonesian citizen, you are eligible to apply for a KITAP, the coveted permanent stay permit. However, this process involves several steps and can take a couple of years. Initially, you must apply for a spouse KITAS/ITAS, a limited stay permit requiring extensive documentation, legalization, and translation. This process can be both costly and time-consuming, often taking several months. To ease the burden, consider using a professional service like IndoService.

Extending KITAS/ITAS and Transitioning to KITAP

Extending your KITAS/ITAS is a simpler and quicker process. After two years of marriage, you can convert your KITAS to a KITAP, which is valid for five years, sparing you the annual renewal hassle. After ten years of marriage, your KITAP becomes valid for life, even if you divorce.

Work Regulations for Spouse Visa Holders

Restrictions on KITAS/ITAS

A spouse-sponsored KITAS/ITAS does not permit you to work in Indonesia. Working without a valid work permit can result in severe penalties, including hefty fines and deportation, particularly in regions like Jakarta and Bali.

Employment Opportunities with KITAP

Holding a KITAP opens up certain work opportunities under specific conditions:

1. Sole Entrepreneurship: You can start your own business as a sole proprietor, although you cannot hire employees.

2. Company-Sponsored Work Permit: You can work for a company if they obtain a work permit (RPTKA) for you. In this case, your spouse remains your KITAP sponsor, while your employer sponsors your RPTKA.

Prenuptial Agreements and Property Rights

A prenuptial agreement is crucial for couples wishing to buy property in Indonesia, as it outlines asset distribution in case of divorce or death. Foreigners are generally prohibited from owning land, and without a prenup, neither spouse can own property. If a foreign spouse inherits property, they have one year to sell it before the government takes it. Fortunately, prenuptial agreements can now be made even after marriage, which was not the case previously.

Changing Your Nationality

Foreigners married to Indonesians and aged 18 or older can apply for Indonesian citizenship, which requires renouncing your original nationality. The prerequisites include:

- Continuous residence in Indonesia for five years on a KITAS/ITAS or KITAP, or ten years with breaks.

- Proficiency in the Indonesian language certified by a recognized institution.

- No criminal record with imprisonment of one year or more.

- Employment or a steady income.

- Good mental and physical health.

- Payment of the citizenship fee.

Summary of Benefits for Mixed Marriages in Indonesia

Being married to an Indonesian citizen offers several advantages, including:

- Long-term stay permits (annual KITAS/ITAS and five-year KITAP).

- Lifetime KITAP validity after ten years of marriage.

- Eligibility for an Indonesian ID (KTP).

- Multiple exit/re-entry permits (MERP) valid for two years.

- Local driver’s license (SIM) valid for five years.

- Ability to open local bank accounts and apply for credit cards and loans.

- Local police registration card (SKLD) valid for five years.

- Access to local rates at hotels and tourist attractions.

- Eligibility for Indonesian citizenship.

- Opportunity to start a business as a sole entrepreneur.

- Joint property ownership with your spouse.

Conclusion

While mixed marriages in Indonesia come with significant benefits, the journey requires patience, effort, and financial investment. Navigating the KITAS application process can be challenging, but understanding your rights and the necessary steps can make the experience smoother and more rewarding.