Bantaeng Religious Court Decision No. 141 of 2012: Revocable Divorce & Compensation Granted

The parties were married on 19 February 1992, after which time they lived with both the applicant's parents and respondent's parents, before settling with the applicant's parents as the applicant was an only child. After the birth of their two children, the parties had begun to quarrel regularly, primarily because the applicant had wanted a third child, whereas the respondent did not. Problems escalated in May 2012 when the respondent threatened to harm the applicant if he did not leave the house. The respondent had also reported the applicant and the applicant's father to the police for physical assault, but a subsequent police investigation had revealed that her allegations were unfounded. The applicant, therefore, believed that, due to ongoing conflict between the parties, divorce, pursuant to s 116(f) of the Compilation of Islamic Laws, and s 19(f) of Government Regulation No. 9 of 1975, was the only feasible option.

The respondent counterclaimed for custody of the parties' children, as well as for financial support and compensation from the applicant.

The court acceded to the applicant's request for a revocable divorce (talak satu raj'i), and while it did not accede to the amount of financial compensation sought by the respondent, it did order the applicant to pay to the respondent:

  1. IDR 10 million in mut'ah (divorce compensation);
  2. IDR 3 million for iddah (three-month period after divorce has been granted); and
  3. IDR 2 million per month in child maintenance.
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