Batam Religious Court Decision No. 81 of 2015: Irrevocable Divorce

The parties were married on 28 November 2010 and had one child. The plaintiff submitted that the marriage had deteriorated because the defendant, on 5 February 2011, had left the matrimonial home never to return. The defendant provided the plaintiff with no information as to his whereabouts. The defendant left no money for the plaintiff and, by September 2013, the plaintiff was forced to move to another city to look for work. The plaintiff sought a judicial divorce, pursuant to art 19 of Government Regulation No. 9 of 1975, in conjunction with art 116 of the Compilation of Islamic Laws.

Despite the defendant being absent from court, the court acceded to the plaintiff’s application. The court acknowledged witness evidence, provided pursuant to art 22(2) of Government Regulation No. 9 of 1975. The court found that the parties' marriage could no longer fulfil the purposes of marriage as envisaged by art 1 of Law No. 1 of 1974, and art 3 of the Compilation of Islamic Laws. Therefore, pursuant art 39(2) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, the court granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. The court also ordered the plaintiff to pay costs (IDR 516,000).

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