Foreign men marrying Indonesian women and a $50,000 security guarantee.
The initial draft of a bill on religious marriage law to be put forward to the parliament this year is said by some to contain a clause that would require foreign (Muslim) men wishing to marry Indonesian (Muslim) women to make a deposit of 500 million rupiah (about $50,000) into a sharia bank account as a guarantee, in case they later desert their wives and any resultant children and return to their home countries.
The draft bill, which is called in its full glory Rancangan Undang-undang (RUU) Hukum Materiil Peradilan Agama Bidang Perkawinan, but is sometimes mentioned in the media as RUU Nikah Siri, RUU Peradilan Agama, or RUU Perkawinan, is meant to be a clarification and strengthening of the original Marriage Act of 1974.
The bill, in general terms, says men, foreign or Indonesian, are required to provide monetary support to estranged wives until divorce papers are finalised, and to any children under the age of 21. The $50,000 dollar guarantee is an attempt to prevent foreign men from avoiding these obligations by leaving the country.
Foreign women wishing to marry Indonesian men will not be required to make similar arrangements, however like men they are expected to get permission from their countries of origin to marry.
Minister of Religion Suryadharma Ali, whose office is responsible for having prepared the draft, says the Department of Religion had heard of a number of cases in Jepara, Central Java, where foreign furniture businessmen had arranged to acquire Indonesian brides, and once their dealings in the town were done deserted their local wives. detiknews
Opinions
Actress Ratu Felisha, married to Dutchman Jules Korsten, is one who is supportive of the idea, saying that Indonesian women will thereby be protected in mixed marriages, although she worries that some jobless women might deliberately seek out foreign men to woo, in order to have access to the money later. detikhot
Meanwhile Julia Perez, who was once married to Spaniard Damian Perez but now gets around with Argentinian Gaston Castano, is vociferously opposed, imploring the government to reconsider the plan. solopos
Another actress, the gorgeous Feby Febiola, who is married to somebody called Bruce Deltail from France, says the impression given is that the government is selling Indonesian women, at the right price, and further that not all bules in Indonesia have that sort of money lying around.
Another controversial proposal in the bill includes sanctions of up to six months imprisonment for Muslims carrying out nikah siri informal marriages, which are not later registered with the Department of Religion. This aspect of the bill has excited the most controversy, which has caused Minister of Religion Suryadharma Ali to state that it is only a draft, and will likely be revised before being put to parliament.
@Oigal:
Why would they get to keep the interest?
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I spontaneously repeated my brother’s famous sentence. I used to use his account to keep my money, and everytime I use it he will say: I take the interests. Haha…
The same analogy here. Seems to me that the account will be under government’s name, and the money is not classified as investment for the couples, only a guarantee. So my first assumption is that they only get their 500 million – or minus if they got charged with additional fees.
@ET & patung: this RUU is completely based on islamic laws, from head to toe. Very discriminative.
Correct me if I’m wrong…. but these are what I know so far:
*a marriage between a moslem & non-moslem is considered as illegal in islamic term and no longer accepted in Indonesia (if I’m not mistaken)
*but, a moslem man can marry a non-moslem woman and a moslem woman cannot marry a non-moslem man. This because in Islam, the man is seen as the leader (imam), and in a relationship, this is a fundamental aspect. Most moslem women want to have good imam and they select their best candidate based on this too (with good character, maturity, etc…and he should be a moslem – either born moslem or muallaf)
*of course there is a possibility that the woman willingly embraces new religion with the consequence that she will be an outsider and considered as a murtad. Swifting religion has heavy consequences; socially or psychologically; both to the woman & her families. It’s not easy. But in some cases, after passing the conflict period, they begin to show understanding and respect to each other.
*Some couples choose to keep their own religion and having interfaith marriage. It is not considered as legal in Indonesia, but in other countries interfaith marriage generally is accepted.
That’s what I know so far…. in the past we can register our marriage at catatan sipil, but right now seems that departemen agama chooses to be strict on this. You see the new RUU as the example.
therefore keeping the interest could only be morally classified as theft.
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Totally agree.
However, after reading the RUU again, the deposit is in the wife’s name.
(3) Calon suami yang berkewarganegaraan asing telah membayar u-ang jaminan kepada calon isteri melalui bank syariah di Indo-nesia sebesar Rp. 500.000.000,- (lima ratus juta rupiah).
If there’s something happened during their marriage (e.g. abuse, negligence, murtad, divorced), the wife can claim the money based on the Court’s decision. And if there’s nothing serious happened for 10 years, both wife and husband can claim it as their joint asset/money.
But, it is still unclear though how the syariah bank will manage the money. Is it as a certificate deposit/CD with 5-10 year term, or just saving account that is protected with special regulation? And why 50 million? It’s just so insane.
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I am Indonesian, and my fiance is Spanish, and we were shocked when we knew about this. I really feel that the government should not deal with this marriage-thing so much. If they control our marriage, it is the same as they don’t give us the right to marry to someone we love. It is a human right.
Besides, making this law is the same as a high-level of prostitution since the government themselves sell the Indonesian women to earn money. The law says that the money will be used in case there is a divorce. But how if there will never be any divorce? Besides, I believe that even Indonesian men themselves treat their wives badly. So why don’t the government take care about this more?
I think this law is completely ridiculous.