Balikpapan Religious Court Decision No. 582 of 2014

The parties were married on 25 October 1991 and had three children. Initially, the parties' marriage was harmonious. By December 2008, however, it had become quarrelsome because, the applicant submitted, the respondent:

  1. would disrespect the applicant;
  2. would often leave the parties' home without telling the applicant; and
  3. was unsatisfied with what the applicant could provide.

The applicant submitted that deliberative efforts between the parties to reconcile had failed, and that the parties had been separated since 2009. Accordingly, the applicant sought a divorce (talak satu raj'i) from the respondent.

The Court acceded to the applicant's request on the grounds of ongoing conflict between the parties, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws. The Court also acknowledged that the parties' marriage was no longer a peaceful, hopeful and loving domestic life based on the principle of One Almighty God, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, and art 3 of the Compilation of Islamic Laws.

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