Happy Days For Mixed-Marriages and Property Rights?

Mixed marriage rules
Mixed marriage rules
Image by Suzana Sousa on Unsplash.

There’s nothing quite like a freshly ground cup of Sumatran coffee to start the day.

Almost.

Very occasionally there’s also some good news trying to get heard between the stories of wars, mindless acts of violence and exploitation, corruption and the circus that we so affectionately call politics.

Back in July last year we posted a blog about mixed-marriage regulations and property rights in Indonesia, which got quite a lot of attention. We closed the piece by saying The Indonesian Mixed-Marriage Society (PerCa) were pushing for a change to Article 29 in the 1974 Marriage Law, which is the need for a prenuptial agreement for mixed-marriage couples.

Well, towards the end of last year the Constitutional Court declared the requirement of a Prenup as stipulated in Article 29 to be both unfair and unconstitutional!

This is good news?

Yes it is. It’s actually fantastic, wonderful, brilliant news, especially if you’re in a mixed marriage and doubly so if you’re in the real estate industry.

Happy days!

This is a hugely significant step, not just because of its impact on the property industry in Indonesia, but it’s also another sign that Jokowi’s administration is serious about its commitment to streamline bureaucracy and do away with rules and regulations, which slow down national development.

The Jakarta Post reported PerCa as saying “the ruling upholds the principal of justice and gives local spouses the constitutional rights they are entitled to … we fully welcome the ruling by the Constitutional Court, which shows that it cares about, and sides with, mixed-marriage couples who are often subject to discrimination.”

This is also great news for thousands of mixed-marriage couples (and their families) across Indonesia and a huge thanks needs to go out to Ike Farida and the PerCa team for their determination and commitment in lobbying for the change.

Thank you Ike Farida! Job well done.

The bottom line of the Constitutional Court’s decision is that local spouses of foreigners can now buy property without a Prenup.

These couples still need to have an agreement (some are calling it a Post Marital Agreement or Postnup because you can’t by definition have a back-dated Prenup), which addresses the issue of separate ownership of property.

And now they don’t need to go through the farce of getting a divorce, which some had resorted to. Now that has to be on the freaky side of normal if you ask me, especially if you’re happily married. Imagine if you did … get a divorce I mean, for the sake of getting round a regulation.

I guess you’d have to propose all over again and your partner would have to say ‘yes’ (fingers crossed on that one); then you’d have to make a Prenup (the whole point of the exercise remember) then set the special date (because everyone loves a wedding), then send out the invites (don’t forget to invite the kids and ex-laws), then order the cakes and then re-marry all over again.

In the words of the great Bob Dylan … The Times They are a Changin’ and thankfully, now mixed-marriage couples get to stay sane, happily married and get an Agreement, and apparently it won’t cost an arm and a leg to do it either.

Well it shouldn’t.

Let us know if you’ve been through this experience. We’d love to hear from you through hello@sevenstonesindonesia.com

 

 

 

 

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Andrzej Barski

Director of Seven Stones Indonesia

Andrzej is Co-owner/ Founder and Director of Seven Stones Indonesia. He was born in the UK to Polish parents and has been living in Indonesia for more than 33-years. He is a skilled writer, trainer and marketer with a deep understanding of Indonesia and its many cultures after spending many years travelling across the archipelago from North Sumatra to Irian Jaya.

His experience covers Marketing, Branding, Advertising, Publishing, Real Estate and Training for 5-Star Hotels and Resorts in Bali and Jakarta, which has given him a passion for the customer experience. He’s a published author and a regular contributor to local and regional publications. His interests include conservation, eco-conscious initiatives, spirituality and motorcycles. Andrzej speaks English and Indonesian.

Terje H. Nilsen

Director of Seven Stones Indonesia

Terje is from Norway and has been living in Indonesia for over 20-years. He first came to Indonesia as a child and after earning his degree in Business Administration from the University of Agder in Norway, he moved to Indonesia in 1993, where he has worked in leading positions in education and the fitness/ wellness industries all over Indonesia including Jakarta, Banjarmasin, Medan and Bali.

He was Co-owner and CEO of the Paradise Property Group for 10-years and led the company to great success. He is now Co-owner/ Founder and Director of Seven Stones Indonesia offering market entry services for foreign investors, legal advice, sourcing of investments and in particular real estate investments. He has a soft spot for eco-friendly and socially sustainable projects and investments, while his personal business strengths are in property law, tourism trends, macroeconomics, Indonesian government and regulations. His personal interests are in sport, adventure, history and spiritual experiences.

Terje’s leadership, drive and knowledge are recognised across many industries and his unrivalled network of high level contacts in government and business spans the globe. He believes you do good and do well but always in that order. Terje speaks English, Indonesian and Norwegian.

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Ridwan Jasin Zachrie

CFO of Seven Stones Indonesia, Jakarta

Ridwan is one of Indonesia’s top executives with a long and illustrious career in the financial world. He holds several professional certifications including being a Certified Business Valuer (CBV) issued by the Australian Academy of Finance and Management; Broker-Dealer Representative (WPPE); and The Directorship Certification for Directors and Commissioners, issued by the Indonesian Institute of Commissioners and Directors.

His experience includes being the Managing Director at one of the top investment banking groups in the region, the Recapital Group, the CFO at State-owned enterprises in fishery industry and the CEO at Tanri Abeng & Son Holding. He’s also been an Independent Commissioner in several Financial Service companies and on the Audit and Risk Committee at Bank BTPN Tbk, Berau Coal Energy Tbk, Aetra Air Jakarta as well as working for Citibank, Bank Mandiri and HSBC. His last position was as CFO at PT Citra Putra Mandiri – OSO Group.

Ridwan has won a number of prestigious awards including the Best CFO Awards 2019 (Institute of Certified Management Accountant Australia-Indonesia); Asia Pacific Young Business Leader awarded by Asia 21 Network New York USA (Tokyo 2008); UK Alumni Business Awards 2008 awarded by the British Council; and The Most Inspiring Human Resources Practitioners’ version of Human Capital Magazine 2010.

He’s a member of the Board of Trustees of the Alumni Association of the Faculty of Law, Trisakti University, Co-Founder of the Paramadina Public Policy Institute and actively writes books, publications and articles in the mass media. He co-authored “Korupsi Mengorupsi Indonesia” in 2009, which helps those with an interest in understanding governance in Indonesia and the critical issue of corruption. Ridwan speaks Indonesian and English.

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Managing Director of Seven Stones Indonesia, Jakarta

Per is the Managing Director of the Seven Stones Indonesia (SSI) Jakarta office and has more than 25-years’ experience in Indonesia, China, and Western Europe. He previously worked in senior management positions with Q-Free ASA, Siemens AG, and other companies in the telecom sector. Over the last six years, he has been the Chairman of the Indonesia-Norway Business Council (INBC) and recently become elected to be on the board of EuroCham Indonesia.

His most recent experience is within Intelligent Transport Solutions (ITS), Telecom, and other sectors within the Indonesian market. He is today through his position in SSI and by representing Norway Connect, promoting Nordic and European companies that would like to explore business opportunities in the Indonesian market. He’s also playing an active role to help create the Nordic House concept in Jakarta that will provide an excellent platform for Nordic companies entering Indonesia, where they’ll find a community that can offer support with trusted information and affordable services to enter this market.