Balikpapan Religious Court Decision No. 539 of 2014

The parties were married on 23 June 2012 and had one child. After marrying, the parties lived with the applicant's parents for one year and five months, before moving to the respondent's parents' home. By 2013 the marriage had already become quarrelsome because, the applicant submitted:

  1. when the parties lived with the applicant's parents, the respondent would often leave the house without the applicant's permission;
  2. the respondent no longer wanted to live with the applicant's parents and insisted on living with her parents; and
  3. the respondent never heeded the applicant's advice as her husband.

The applicant submitted that deliberative efforts between the parties to reconcile had failed, and that the parties had slept in separate beds for the past 10 months. 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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