Mix-Marriage's issue: "My Name has gone with the wind :-D"

in Steem SEA4 years ago (edited)

All this time I never really take any notice how long I've been living in Germany and only start counting whenever someone asks me about it.
I just realised that soon it will be my twelfth year living in Germany.
I never expect that I'd encounter the same problem that got me on my nerves 12 years ago, which intrigued me to write this article.
I had certainly my complains about visa struggles too, but this time I won't annoy you with that.
I'd write more about the complication brought by the binational marriage instead.
It's not a relationship problem but more about the legal and bureucracy issues.

heart-529607_1920.jpg
Source: Tú Anh from Pixabay

Few years ago I had written about this issues roughly and promised to share more detailed story afterwards (it can be read here! )
But I just noticed that I haven't fulfilled my promise.
Now it seems to be the best time to do it afterall.

Today I'd share a ridiculous story I personally experienced after getting married which is related to the issue number two in my old article mentioned above, namely:

the „Surname“-issue

Indonesia consists of more than 1300 ethnic groups, so they have many different traditions and one of it is the tradition in naming their people. Some of ethnic groups do have the hereditary surname culture, but some others don't have it.
The javanese folks, for example, do not have that culture.
Yes, there are some noble family clans who give the last name of the father to their children but it is not a tradition which is considered as normal custom for all Javanese. I'm even rather suspicious that those noble families in Java who do it were actually influenced by eurepean culture brought by the Dutch during the colonization era.
Because if we look back at the name of the kings, queen and all their princes and princesses in the annals of history, they didn't seem to have always use the same last name like their ancestor even if they still belong to the same clan.

Nah… The Javanese have been the dominant tribes in my home country and basically rule the nation by being the majority since so long, so I can imagine that this is the reason why indonesian Law system doesn't recognise the usage of „surname“ in the way many other nations use it.
Therefore, even if the folks member of: Batak, Ambon, or Indonesians with chinese origin for example, do have the tradition of passing on their last names to their children, those name wouldn't be treated in front of the law as a surname, but it is simply taken as a part of that person's name.
Their „family name“ wouldn't change through marriage/divorce but can only be done with a court edict/order and upon application.
The implication was rather clear: If I want to use my husband's surname, then I have to go to the court in Indonesia and apply for a name changing procedure. After I get the court order then I can let the civil registry office put the additional name to my ID-card and passport.
This court order document must be attached each time I have the need to use any documents that still put my old name on it to prove my identity.
Really troublesome, right?
Since there is no guarantee that every marriage would only happen once in a lifetime, it would be even more troublesome, if there is a divorce and a remarriage.

Maybe you'd say: „In Germany women do not have to use the husband's surname anymore. They can keep their own surname.“
That's correct, however I technically do not have a surname, but everytime you need to apply somethings in Germany you need to fill in a form in which the place reserved for surname can not be left blank. Anywhere else in the world is often analog; when I open the account in Binance it was also an issue.
It's not so problematic, if we chose to live in Indonesia, but unfortunately I live in Germany.
The potential problems can be really really troublesome, such as:

  1. Banks tend to be those making real stress whenever we want to withdraw money in a big amount, if the identity are not in sync with some documents. The headache caused by it would be doubled if the bank resides abroad and has no branch in your town, so that it's even more inconvenient to resolve such issues.

  2. There were few cases where indonesian mothers were held in the immigration while travelling abroad with her children without her husband, because the children didn't have the same surname like her so there was a suspicion of kidnapping.
    This doesn't always happen of course, but the possibility exist and I knew some people who experienced this from the mix-marriage community I managed few years back.
    Such cases might be avoided if she brought a permission letter signed by the father, but it is still troublesome matters anyway, right?
    Moreover, how many people are really aware of possibility that they might be held by immigration from travelling abroad with their own biological children?

Those two example are just few of many more possibilities.
This is why when I married my husband in German's civil registry office, I signed the declaration that I want to use my husband's surname.
Another reason which can be the main reason by other indonesian women who took the same choice like I did, namely: because many indonesians who came from humble families often only gave a name to their children which only consist of one word.
My father, uncles and aunts for example only have one single word as a name too, so… what can we take as a „surname“ then??

Now we'd go to the first ridiculous problem arose after I got married :-D.


After I got my marriage certificate, the first thing I did was to go to the indonesian embassy in Frankfurt to register it and to report that I had declared to use german law regarding „surname“,
especially because we wanted to spend our honeymoon abroad, so we need at least an endorsement inside my passport about this.
But then my own embassy made an issue out of this which sounds completely ridiculous.
They said that I lost my name and now I can only use my husband's last name as an identity LOL.
Let's say my husband's surname is „Mustermann“, so now my name is just a single word „Mustermann“, without first name.
My original name consists of 3 words and they are all said to be gone LOL.

I might understand, if they said that they can't recognise the „the adoption of spouse's surname“ without a court order, but not the statement that I completely lost my name :-D.
The reason given was that the civil registry officer wrote all 3 words of my name in the spot for „surname“.
However the document only records the spot for the „name“ before and after marriage, so the officer put my whole name there since he couldn't just leave it blank afterall, otherwise the database software wouldn't accept that.
But he had already put a note that it was a „Namenskette“ (a chain of name, hence they belong together, there is not distinction between first- and last name).
How could he know that this would cause such a ridiculous problem LOL.
Even when we called him that day, he was confused why the hell I lose my name??
The german officer offered to fax them a kind of written confirmation that I still hold my whole name and only additionally adopted „Mustermann“ to be used as a last name with the legal basis of marrying a „Mustermann“ but my own embassy didn't want to accept such solution.
In the end I needed to go back empty handed and my passport would only get the endorsement about the usage of the surname after I got an official attestation about my „present legal name“ as a whole according to the german law.

After more than 10 years living here and 2 times of passport replacements, I never expect that I'd meet the analog issue again… sigh.
Few weeks ago I needed a new passport and went to indonesian embassy in Frankfurt again to apply for it. Ten days later my passport was done and finally delivered via Post and I was shocked that there was no endorsement inside my passport about the surname although I had let them especially confirmed that this will be done.
After those heap of papers they can still make mistakes with my name on the passport and I have gone through this issues 3 times already since I had my passport renewed there 2 times.
So I needed to send it back to Frankfurt for correction. The most annoying thing is that I had already made an appointment with the german officer to renew my PR-card.
My resident permit status is already the permanent one, true, but the electronic card is only valid with a valid passport, that's why I always need to pay the high price for a new e-AT too every 5 years, even if the card originally has 10 years of validity period.
Aside of that I also had another appointments which need the presence of my passport, so I had to make sure that the new passport has already been corrected and come back to me by then.
I actually even planned to apply for a credit card from Binance, but then I had to cancel the application too.

Well… atleast the german officers gave me assurance by phone that I don't need to worry so much. If my new passport hasn't arrived yet by the appointment date, we'd just make another appointment and in case there is any urgency of travel I can just take my old card and my old passport and explain the circumstance, if I'm retained by any officers.
There won't be any serious issue.
If the officer needs more assurance they can just call german immigration for clarification. However she didn't think such things would happen since it's obviously written on my card that I have unlimited right to stay here.

Well.. enough ranting for today, pardon me for ruining the mood this week LOL.
Have a nice day and thanks for the upvote everyone :)!

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 4 years ago 

Very complicated and tiring. Does this happen to all Indonesians living in Europe?

Of course not. Just like what you can also see inside Indonesia, some people gets a heap of ordeal just to get their KTP or driving licence made, but some others can even let their brothers go and make it for them without even showing their face.
So it is also often the case that not every KBRI-staffs have the same level of knowledge, discipline and wisdom.
Some are flexible and some are unbending too.
In Germany you can't renew passport without attaching your visa or PR-card while applying, so..there is no way you can find adult indonesians secretly holding 2 nationalities here because if you already had german passport, you'd never be able to show a visa/PR card anymore.
However this rule is not the same anywhere else, that's why you can still find someone holding 2 passport aka having multinationality as an adult secretly in another country.
In Canada, during the pandemic the ambassador allowed the nearly expired passport to be extended 1 year longer (by issuing a statement which can be sent per-post, the one need it should just contact the embassy) so that indonesians no need to risk travel so far just for renewing passport.
It would have been great if this kind of policy is uniformly applied in all indonesian embassies...but apparently not every ambassadors we have has the same wisdom like indonesian ambassador in Canada.
Talking about skills and knowledge about recent particular rules and law... frankly speaking... people who have been active in diaspora communities like me are often more informed than those staffs.
KMILN and Dual nationality for mixed-children for example were also the result of the diaspora's efforts, not government's effort.
Talking about surname issues again...
I heard from indonesian students who came here purely to study normally got a legalised statement (probably even made by a notary) to use their father's name as a last name (if they only have one single word name), to be used as long as they reside abroad... or to use the last part of their name as a "surname", if their name consists of few words and would just use it all along their life abroad.
However if they don't marry with locals, it wouldn't cause as many complication as the mixed-marriage couple afterall. Because their civil status still stand under the same law afterall, they can still choose to do things relating to their civil status using indonesian law. So the surname thingy is simply for practical reason afterall.
But it's not the same with people like me who might have children who would follow their fatherland's law.
Can you imagine that I have already been living for 12 years here but my nama is still in my family's KK (household registry?
And you might never know this other absurdity either:
"If I move in Indonesia with my family... my husband can't even be put into my own household registry (KK), as long as he is still a foreigner and not a PR holder (KITAP holder). So I would be the head of the household and my kids all stay under me, but my husband is not part of my "household". How absurd is that?
Recently fortunately it wouldn't take too long anymore to get a KITAP for indonesian's spouse as long as the husband comes to indonesia using spouse's sponsor (which was also the painstaking effort and yearlongs fight of diasporas), at least the long term marriage can be a basis to get a family KITAP now.
However there is also a minus points here... if the husband comes to indonesia using spouse sponsor, it might be easier to obtain a KITAP but he's not allowed to work... so how can he feed his family?
KITAP requirements and hurdles for non spouse route are however more complicated.
It's not like me here .. I have the right to study and work just like locals as soon as I get my residency card, even I came with a spouse sponsor.

 4 years ago 

Wuuiiddiihh.. segitu ribetnya Indonesia ini🙄 jadi Mbak tetap WNI?

Sampai hari ini masih hahaha. Tapi banyak yang pindah kewarganegaraan tuh bukan krn mereka memang pengen, tapi lebih banyak yg melakukannya krn alasan kepraktisan, menghindari masalah yg bikin mumet.
Setiap negara akan ada masalahnya sndr, tp kalau satu keluarga bernaung diatap yg sama, minimal keruwetannya bisa dibatasi dari atap itu aja, nggak dobel gitu hahaha.
Terutama jika di negara asal tdk ada ikatan usaha atau sesuatu yg membuat mrk yakin suatu saat akan pindah kesana utk tinggal.
Soalnya selama menikah dgn WNA, biarpun masih WNI ttp ngga bisa punya properti SHM lagi, klau dpt warisan pun hrs dijual dlm tempo 1 tahun, krn suaminya yg WNA kan punya hak 50 persen krn hukum harta gono gini.
Dan WNA ngga boleh punya SHM, jadi krn itu ngga ada alasan yg nggandoli kita utk jd WNI kecuali orang tua.
Tp ortu kan jg ngga hidup selamanya, mbak. Jd ya.... gimana ya, tentu bukan faktor utama utk ngambil keputusan.
Tinggal di Indonesia kalau ngga boleh pny hak milik atas rumah, lha masak mau ngontrak terus.. beli atas nama nominee itu risiko tinggi, gimanapun pake nama org lain kan.
Drpd mumet mending nggak, kecuali hartanya mmg buanyaaak jd bisa ambil risiko wkwkkwk.
Lagian kalau ada anak yg setengah indonesia. Selama dia belum dewasa, dia msih bs double nationality skrg, jd masih bs mensponsori ortunya utk dpt visa kalaupun masih pengen ke indonesia lama2.
Dan skrg visa utk eks WNI jg ngga serumit dulu lagi.

 4 years ago (edited)

Iya juga ya Mbak... Ada minus plusnya, setidaknya, meskipun negeri Indonesia pusaka ini nggak praktis kayak negeri orang, teteup di hati.

Sepertinya...begitu nggak ada ortu, ganti jadi WNA dunk

Nggak usah dikau yang mix marriage dgn WNA, aku yang nikah sama orang beda pulau aja nggak mau ganti KTP 🤣 lebih untung pegang ktp kampung sendiri

Wow! It’s pretty complicated apparently. I have been in Germany as a tourist, so I have no problem about surename and so on.. 😄

Surely not. As a tourist you wouldn't need any paperwork anywhere. And if your name doesn't only consist of one single word, you can just use the last part of your name as a "temporary" last name in case you need to fill in any form for travelling needs. Since you don't reside and it's only for temporary needs anyway, so it doesn't really matter if it's not "legally" correct. As long as it is not binding and not for a real important issue, it's not really a big deal.
For example if you need to fill in the form abroad of buying a ticket or so.
You'd have no need to deal with the problem anymore later on.
However there are indonesian women who took things easy like this in the past when she was working as a TKW to make it easier to do.
However a decade later she suddenly had the fate to meet a eurepean partner and wanted to get married but then the hell started to burn since her documents were all wrong.
It took so much pains to make it all correct again.
Her case was not exactly the same with mine, but all I wanted to say is that taking the short cut to make things easier doesn't always make life really easier in the long run, cos we don't know what might happen to our life in the future.

Hallo Ana,
vielen Dank für die vertiefenden Einblicke in die Gebrauche deines Heimatlandes - das war sehr interessant zu lesen.
Und sonst? Tja, wenn dieses Bürokratiegehabe nicht so traurige Realität wäre, könnte ich mich über deine Schilderungen sehr amüsieren... ;-)
Schön, mal wieder von dir gelesen zu haben!
Ganz liebe Grüße,
Chriddi

Du hast Recht... damals als ich schon meinen ersten Aufenthaltstitel erhalten habe, konnte ich über meine absurde Visumkämpfe selbst auch lachen.
Ich muss irgendwann darüber schreiben, weil es auch amüsant war, wenn man nicht mehr erleben muss.
Ich muss aber zugeben, seit dem ich rechtmäßig in DE wohnte, habe ich mit der Ausländerbehörde keine schlechte Erfahrungen mehr erlebt...
Es ist sogar die Behörde meines Landes, die mich immer nervt.
Ich kann wirklich nicht verstehen. Ihre Aufgabe ist doch ihre Mitbürger im Ausland zu helfen, oder?

Ihre Aufgabe ist doch ihre Mitbürger im Ausland zu helfen, oder?

Jo, das sehe ich auch so, Mrs. Mustermann... ;-)

 4 years ago 

Amaizing...

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