Mixed Marriage Between an Indonesian Citizen and a Papua New Guinean Citizen from the Perspective of Private International Law

Abstract

This study is entitled “Mixed Marriage Between an Indonesian Citizen and a Papua New Guinean Citizen from the Perspective of Private International Law.” It aims to understand and explain the procedures for mixed marriages between Indonesian citizens and Papua New Guinean citizens, as well as to identify the factors that hinder their implementation within the framework of private international law. This study employs a normative juridical method, with data collected through a literature review of relevant legislation and legal literature from both countries. The findings indicate that Indonesia regulates mixed marriages through Law No. 1 of 1974 concerning Marriage, as amended by Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 concerning Marriage, while Papua New Guinea regulates marriage under the Marriage Act 1963. The study reveals that Indonesia's civil law system places strong emphasis on religious requirements and state registration, whereas Papua New Guinea's common law system is more flexible in recognizing religious, customary, and civil marriages. These differences give rise to various obstacles, particularly concerning the legal recognition of marital status and children's legal status, as well as cross-border administrative registration.