Marriage Termination in Indonesia

The Indonesian marriage Law stipulates, that a marriage can only be dissolved or legally terminated in front of the termination of marriage in Indonesiacourt. The law states, that only an Indonesian court (the Indonesian religious court for marriages that previously held on moslem marriage and the Indonesian District court for marriages that previously held on non-moslem ceremony) that has the authority, to dissolve or to terminate a marriage by means of divorce.

 

INDONESIAN DIVORCE FOR MOSLEM

The Indonesian divorce petition must be submitted to The Religious Court which covers the wife's legal domicile. The divorce petition can be applied by the applicant or The attorney based upon a well-drafted power of attorney, which is signed prior filing for the divorce petition to the religious court. The said Indonesian divorce petition must enlist a specific historical background of the applicant household and the main reasons for applying the divorce application.

 

 INDONESIAN DIVORCE FOR NON-MOSLEM

The divorce petition must be submitted to The District Court, which covers the defendant legal domicile. A Registration for the divorce application can be conducted once it has been approved and accepted by the applicant.

The law stipulates that an Indonesian divorce may occur due to the following reasons:

  1. Either the wife or the husband inside the marriage has committed an adultery, a drunker, a gambler, a junkie or other similar negative symptoms which are hard to cure ;
  2. Either the wife or the husband inside the marriage has left the other for two (2) consecutive years, without any proper or legitimate permissions to the other party;
  3. Either the wife or the husband inside the marriage has received a prison sentences for five (5) consecutive years or other similar sentences during the marriage;
  4. Either the wife or the husband inside the marriage has committed a persecution, torment, a molestation, that will endanger other party;
  5. Either the wife or the husband inside the marriage is suffering a permanent physical disability or similar hindrance that will eventually distract his/her ability to perform well as a husband or wife;
  6. Both parties has a routine quarrels, a continues contentions, a serious controversy or an non-tolerated polemic.

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