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APPENDIX I - The Law of the Republic of Indonesia Number 1 of the Year 1974 on Marriage

from APPENDICES

Published online by Cambridge University Press:  21 October 2015

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Summary

BY THE GRACE OF GOD ALMIGHTY THE PRESIDENT OF THE REPUBLIC OF INDONESIA

Considering:

Whereas in accordance with the philosophy of Pancasila and the aspirations to promote national law, it is deemed essential that there shall be a Law concerning Marriage to be in force for all Indonesian nationals.

Pursuant to:

1 Article 5 paragraph (1), Article 20 paragraph (1), Article 27 paragraph (1) and Article 29 of the 1945 Constitution; 2. Decision of the People's Consultative Assembly Number

IV/MPR/1973.

With the concurrence of the House of People's Representatives.

HAS RESOLVED

To sanction: LAW ON MARRIAGE

CHAPTER I

FOUNDATIONS OF MARRIAGE

Article 1.

Marriage is a relationship of body and soul between a man and a woman as husband and wife with the purpose of establishing a happy and lasting family (household) founded on belief in God Almighty.

Article 2.

(1) A marriage is legitimate, if it has been performed according to the laws of the respective religions and beliefs of the parties concerned.

(2) Every marriage shall be registered according to the regulations of the legislation in force.

Article 3.

(1) In principle in a marriage a male person shall be allowed to have one wife only. A female person shall be allowed to have one husband only.

(2) A court of law shall be capable of granting permission to a husband to have more than one wife, if all parties concerned so wish.

Article 4.

(1) If a husband desires to have more than one wife, as referred to in Article 3 paragraph (2) of this Law, he shall be required to submit a request to the Court of Law in the region in which he resides.

(2) The Court of Law referred to in paragraph (1) of this article shall grant permission to a husband wishing to have more than one wife if:

a. his wife is unable to perform her duties as wife;

b. his wife suffers from physical defects or an incurable disease;

c. his wife is incapable of having descendants.

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Publisher: ISEAS–Yusof Ishak Institute
Print publication year: 2003

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