Indonesia Revives Civil Law Bill to Tackle Diaspora Legal Challenges
- 02 Apr 2026 12:42 WIB
- Voice of Indonesia
Poin Utama
- Indonesia reopens talks on a civil law bill to address legal gaps affecting citizens abroad, including overseas marriages, divorces, and custody disputes.
- The bill aims to ensure legal certainty, clarify jurisdiction, and enable recognition of foreign court rulings for cross-border cases.
RRI.CO.ID, Jakarta - The Indonesian House of Representatives (DPR RI) has reignited discussions on the Draft Bill on International Civil Law (RUU HPI), as lawmakers underscored the growing complexity of cross-border family and civil matters faced by millions of Indonesians abroad.
This complexity is most evident in cases of interfaith and same-sex marriages conducted overseas, which remain problematic when registered domestically.
Commission XIII lawmaker from the National Democratic (Nasdem) Party, M. Shadiq Pasadigoe, stressed the urgency of accelerating deliberations on the bill as a strategic step to strengthen Indonesia’s legal certainty in the face of global dynamics.
“This bill is crucial to provide legal certainty for parties involved in cross-border transactions. We want Indonesia to have a strong, clear legal system that can compete globally,” Shadiq said at the Parliament Complex in Jakarta on April 1, 2026, as quoted on the party's official website.
He added that while Indonesia must remain open to international legal practices, national sovereignty and public order principles should not be compromised.
The Indonesian Judges Association (IKAHI) echoed this view, noting that the bill would enhance the credibility of the Indonesian judiciary in the international arena. “RUU HPI is a strategic instrument to realize legal certainty, justice, and utility,” said IKAHI Chairman Yanto, as quoted by Antara.
Legal uncertainty is not abstract. Many Indonesians who legally divorce abroad remain considered married under Indonesian law, creating conflicting marital statuses. Cross-border custody disputes often escalate into humanitarian issues, leaving children vulnerable when legal systems fail to recognize each other’s rulings.
Rector of UIN Sultan Maulana Hasanuddin, Banten, M. Ishom el Saha, explained that three recurring issues dominate international civil law: jurisdiction, choice of law, and recognition of judgments.
“These are not merely academic concepts, but concrete problems faced by the diaspora every day,” Ishom said, as quoted on the Religious Affairs Ministry official website on Thursday, April 2, 2026.
He warned that an unclear marital status can have serious consequences, including questions of lineage under Islamic law. “Protecting children is a fundamental principle of the sharia. Without clear regulation, the state risks failing to safeguard basic rights,” he added.
The government has emphasized that the bill will establish clear rules on judicial authority, mechanisms for recognizing foreign judgments, and determining prevailing law in cross-border disputes.
Ultimately, the RUU HPI is not just a technical legal matter but a reflection of the state’s commitment to its citizens. Without adaptive regulation, Indonesian diaspora risks alienation from their own legal system. ***
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