International mixed marriage in Indonesia and ASEAN: international mixed marriage and its recognition in Indonesia towards one ASEAN community

The Association of Southeast Asian Nations (“ASEAN”) is an intergovernmental regional organization established in 1967. In 1997, the ASEAN Member States in Kuala Lumpur committed to reaching the ASEAN Vision 2020 that led them to engage in closer cooperation, “One ASEAN Community”, concluded in Bali (2003). The implementation of One ASEAN Community was described in ASEAN Community Vision 2025, concluded in Kuala Lumpur in 2015.
The unification and or harmonization between such legal systems in preparing for the cooperation amongst the members, is essential. In light of this, this research addresses a particular field of law, namely marriage establishment under the family law; focuses on the topic of marriage formation or marriage establishment and its recognition.
As a result of contact between differing legal systems in a marriage between different nationalities, Private International Law (“PIL”), is of considerable importance. Firstly, PIL decides the applicable law to determine the capacities of each of the husband and wife. Secondly, PIL will decide the applicable law to solemnize the marriage or the authorized forum for the marriage. Thirdly, PIL deals with the issue of acknowledgment or recognition of a marriage.
This research examines the nature of marriage within the national laws of the ASEAN Member States, in Indonesian perspective. It will start with a comparison of marriage law of ten ASEAN Member States. The result of comparison becomes the basis of recommendation to Indonesia, its Marriage Act, and ASEAN in relation to the recognition of marriage.