Share this article

Do the future bride and groom know what documents they will get after officially becoming husband and wife? Do they also know that every newly married couple gets not only a pair of Marriage Books but also a pair of Marriage Cards? This article will discuss the Marriage Card, which is one of the marriage registration documents.

As we know, every couple who gets married will be given a Marriage Book, which is a proof of the marriage registration. However, at the end of 2018, the Ministry of Religious Affairs (“MoRA”) issued its newest marriage registration breakthrough, namely Marriage Card. The Marriage Card was first regulated in the Regulation of Minister of Religious Affairs Number 19 of 2018 concerning Marriage Registration (“RMRA 19/2018”). However, currently RMRA 19/2018 has been revoked and replaced by Regulation of Minister of Religious Affairs Number 20 of 2019 concerning Marriage Registration (“RMRA 20/2019”). In RMRA 20/2019, it is stated that the Marriage Card is a marriage registration document in the form of a card.[1]

From a practical point of view, the issuance of this Marriage Card is indeed more handy because it can be carried anywhere and anytime it is needed, then this Marriage Card can be shown. It is unlike Marriage Book, which is larger, so it is not easy to carry anywhere. In fact, Marriage Book is an accurate evidence of a person’s marital status that needs to be shown if something undesirable occurs, for example, during raid. If the person cannot show valid evidence, the problem will end in the police office.

According to Article 2 of Law No.1 of 1974 concerning Marriage (“Law 1/1974”), a marriage is legal if it is done according to the law of their respective religion and belief, and each marriage shall be registered in accordance with applicable laws and regulations.[2] It is further explained in the Elucidation of Law 1/1974 in the General section at Number 4 Point b, which states:

 “In this Law it is stated that a marriage is legal if it is done according to the law of their respective religion and belief; and besides that, each marriage shall be registered in accordance with applicable laws and regulations. The registration of each marriage is the same as the registration of important events in a person’s life, for example, births, deaths that are stated in certificates, an official certificate which is also included in the registration list.”

Regarding marriage registration, it has been regulated in Law Number 23 of 2006 concerning Population Administration (“Law 23/2006”) as amended by Law Number 24 of 2013 concerning Amendments to Law Number 23 of 2006 concerning Population Administration (“Law 24/2013”). Regulations regarding marriage registration can be seen in Article 34 paragraph (1) Law 23/2006, which states:

A marriage that is valid under laws and regulations must be reported by a Resident to the Implementing Agency at the location in which the marriage took place within 60 (sixty) days of the marriage.

Based on that report, the Civil Registration Officer registered the marriage in the Register of Marriage Certificate and issued a Copy of the Marriage Certificate.[3] The Copy of the Marriage Certificate is given to both the husband and wife.[4] As for marriage between a man and a woman who are Muslim, the report is made to the District Office of Religious Affairs.[5]

According to Article 1 number 9 RMRA 20/2019, a Marriage Certificate is an authentic certificate of marriage registration.[6] After the marriage is registered, the married couple will be given Marriage Books.[7] The Marriage Book is an excerpt of a Marriage Certificate in the form of a book.[8] After the enactment of RMRA 19/2018, a married couple is now getting both Marriage Books and Marriage Cards.

Now another question arises, is this Marriage Card replace the Marriage Book? The answer is no. Former Minister of Religion, Lukman Hakim Saifuddin, emphasized that the Marriage Card is not a replacement for the Marriage Book. Lukman further said that the existence of the Marriage Card is an innovation for civil population registration, especially in marriage history.[9] This statement is reaffirmed in Article 21 paragraph (1) of RMRA 20/2019, which states that a married couple receives Marriage Books and Marriage Cards. [10]

It should also be noted that this Marriage Card is only given to Muslim married couples. Why is that? As reported from republika.co.id, according to the Directorate General of Population and Civil Registration of the Ministry of Home Affairs, Zudan Arif, the marriage data system in Indonesia is divided into two, namely the registration of Muslim couples at the Office of Religious Affairs – Kantor Urusan Agama (“KUA”), and registration of non-Muslim couples at the Department of Population and Civil Registration – Dinas Kependudukan dan Pencatatan Sipil (“Disdukcapil”). So far, the marriage registrations of non-Muslim marriages are complete, in which the Identity Number (“NIK”) printed on the Identity Card (“KTP”) will immediately show the partner’s data. This data integration has been implemented for a long time by the Ministry of Home Affairs (“MoHA”). Meanwhile, the cooperation between the MoHA and the MoRA regarding the marriage management information system is an effort to update married couples’ data at the KUA so the data can automatically enter the Disdukcapil. This is done considering the number of Muslim couples who already have a Marriage Book but do not immediately report it to the Disdukcapil so that their status in the Disdukcapil data has not changed. [11]

According to the Head of the Ministry of Religious Affairs of Purwakarta Regency, Tedi Ahmad Junaedi, for newly married couples in 2020, the Marriage Card can be obtained by bringing the marriage documents to the MoRA, and the Marriage Card will be printed there. In addition, Tedi also added that on the Marriage Card, there is a barcode which stores the data of the husband and wife who are connected directly to the Marriage Management Information System – Sistem Informasi Manajemen Nikah (“SIMKAH”) application. The marriage information includes the name, Marriage Certificate number, Marriage Book perforation number, and the place and date of marriage. [12] Therefore, the status and information of the marriage have been registered in SIMKAH which means that the data is valid and same as Dukcapil data, so it will be easier to manage other documents by using a Marriage Card.

Hope this is useful.

FREDRIK J PINAKUNARY LAW OFFICES 

This article is written by our associate:
Tasha Kartika Larasati
email : tasha@fjp-law.com
Phone : +62 21-2933-2990, 2933-2991 

This article is also available in Bahasa Indonesia: Kartu Nikah di Indonesia


[1] Article 1 number 11 RMRA 20/2019

Marriage Card is a marriage registration document in the form of a card.

[2] Article 2 Law 1/1974

(1) Marriage is legal if it is done according to the law of their respective religion and belief.

(2) Each marriage shall be registered in accordance with applicable laws and regulations.

[3] Article 34 paragraph (2) Law 23/2006

Based on the report referred to in paragraph (1), the Civil Registration Officer is to record [the marriage] in the Register of Marriage Certificates and issue a Copy of the Marriage Certificate.

[4] Article 34 paragraph (3) Law 23/2006

The Copy of the Marriage Certificate referred to in paragraph (2) is to be given to both husband and wife.

[5] Article 34 paragraph (4) Law 23/2006

For Muslim Residents, the reporting referred to in paragraph (1) is to be completed at the District Office of Religious Affairs.

[6] Article 1 number 9 RMRA 20/2019

Marriage Certificate is an authentic certificate of marriage registration.

[7] Article 2 paragraph (3) RMRA 20/2019

Registration of Marriage as referred to in paragraph (2) includes:

  1. Examination of the will of marriage;
  2. Announcement of the will of marriage;
  3. Execution of marriage registration; and
  4. Giving the Marriage Books.

[8] Article 1 number 10 RMRA 20/2019

Marriage Book is an excerpt of a Marriage Certificate in the form of a book.

[9] Menteri Agama: Kartu Nikah Tidak Hapus Buku Nikah, https://nasional.tempo.co/read/1145705/menteri-agama-kartu-nikah-tidak-hapus-buku-nikah/full&view=ok, accessed on 13 May 2020

[10] Article 21 paragraph (1) RMRA 20/2019

A husband and wife receive a Marriage Books and Marriage Cards.

[11] Mengapa Kartu Nikah Hanya untuk Muslim?, https://republika.co.id/berita/pi8h78409/mengapa-kartu-nikah-hanya-untuk-muslim, accessed on 15 May 2020.

[12] Pasangan Menikah 2020 Akan Mendapatkan Kartu Nikah, http://www.ayopurwakarta.com/read/2020/01/03/3895/pasangan-menikah-2020-akan-mendapatkan-kartu-nikah, accessed on 13 May 2020.


Share this article