On mixed marriage
On mixed marriage
The Jakarta Post's coverage on Legal consequences of mixed
marriage (Oct. 20) was an eye-opener and certainly serves as a
lighthouse. However, the hard-to-cope with legal pitfalls
connected with mixed marriages deserve to be addressed.
The most painful problem in the event that a mixed marriage
breaks up is child custody and support, complicated by the
nationality of the child or children.
Law cannot resolve all problems arising out of failed
marriages. But it can mitigate the traumatic fallout. A simple
way to soften a situation, where an Indonesian woman has to take
on all the odds at present, is to enact a law which could confer
on all children born in Indonesia, inside of wedlock, Indonesian
citizenship. In conjunction with this, if the law allows for the
alien husband to become an Indonesian citizen -- say, after one
year of registering the marriage -- this would add further to the
security and durability of the marriage.
Lastly, the existing law on this subject is not sexist.
Perhaps the law does not want Indonesian women to marry aliens,
without actually prohibiting it. This intended but indirect
purpose has faltered and has created serious situations, which
would not be the case if mixed marriages were forbidden, in the
context of Indonesia trying to integrate its economy with that of
the world at a fairly fast clip.
Thus law, never a fixity, needs to be changed in this case,
not challenged. Here is where The Jakarta Post can help out,
kindling public sympathy and support.
G.S. EDWIN
Jakarta