Article 7 (1) of Law No. 1 of 1974 on Marriage (Marriage Law) regulates that marriage is only allowed if the male groom has reached the age of 19 years old, and the female bride has reached 16 years old. In the event the marriage is to be commenced and one or both parties is under-age, they may ask for a ‘dispensation’ before a court of law, or other officials appointed by the male bride’s parent or the female bride’s parent (Article 7 (2) of the Marriage Law).

Article 6 (1) of Law No. 12 of 2006 on Nationality (Nationality Law) regulates that double nationality is strictly reserved for a child who is born from a marriage between an Indonesian citizen mother and a non-Indonesian citizen father. The child may hold double nationality before the age of 18 years, at which point they must decide upon a single nationality.

Therefore, if the under-age child is under 18, there are no legal consequences from having a double nationality; but after 18 they will have to decide on a single nationality. Importantly, there is no prohibition to be married to a male of female having a double nationality.

Article 56 of the Marriage Law regulates that marriage in Indonesia between two Indonesian nationals, or one Indonesian and another non-Indonesian, is lawful so long as it accords with all prevailing regulations where the marriage is conducted.

Thus, marriage with a person having a double nationality who is still under-age is lawful – as long as both parents consent and fulfill the official requirement to perform an under-age marriage.

On the other hand, parents are obliged to try to prevent any child below the age of 18 from marriage, in accordance with Article 26 (1) (c) of Law No. 23 of 2002 on Child Protection. This must be a serious consideration for any parents allowing their children to marry at a very young age.

Relevant regulations are as follows:

Law No. 1 of 1974 on Marriage

Law No. 12 of 2006 on Nationality

Law No. 23 of 2002 on Child Protection