Every married couple definitely wish to have a long-lasting marriage, however, if things are not working, a husband or a wife could decide to end the marriage with a divorce. Divorce in Indonesia can sometimes pretty easy if both husband and wife agrees to divorce, but it can also turn out to be a lengthy and stressful legal proceeding if one of the party (husband or wife) refuses to have the divorce.
In Indonesia, every divorce can only be executed by a court decision. An agreement to divorce between the husband and wife will not be constituted as a divorce, only a court decision may constitute a divorce.
The Indonesian law stipulates that an Indonesian divorce proceedings can only be executed in front of the Indonesian court hearing, and after the court has attempted and fail to reconcile both parties. An Indonesian divorce proceedings is legal process to take, if the parties had try to maintain their marriage and considered a divorce as the legitimate solutions for their marriage.
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.
CHILD CUSTODY WITHIN AN INDONESIAN DIVORCE PROCEEDINGS
In regards to the child custody within an Indonesian divorce proceedings, the court would generally given the child custody to the mother, as stipulated on article 105 of The Compilation of Islamic Law. Nevertheless, it is also possible that the father shall retain the custody rights, in terms that the mother has an inappropriate manner and considered or proven as incompetent to educate her child.
The law stipulates, that in regards to the child maintenance and livelihood of the children born within the marriage, the father shall responsible for every expenses, daily maintenance, educational funding's or any additional costs that the children would need. Should the father was not able to provide such financial support for their children, the court may determine the said financial burden to be carried out by both parties.
MARITAL PROPERTY DIVISIONS ON AN INDONESIAN DIVORCE PROCEEDINGS
In regards to the marital property divisions, The 1974 Indonesian Marriage law stipulates that: "if an Indonesian marriage is terminated by a divorce, the marital property shall be distributed in accordance with law" . Generally, the court would authorized both parties to distribute their own marital property and both parties would be required to create an additional settlement in regards to the distributions of the said marital property. On most cases, if both parties could not achieve an agreement in regards to the distributions of their marital property, The Judges of the court may provide a considerable considerations to distribute such marital property among the parties.
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