East Jakarta Religious Court Decision No. 213 of 2014: Revocable Divorce Granted

The parties were married on 11 February 2001 and had one child. The applicant submitted, however, that around September-October 2013, he and the respondent had begun to quarrel regularly. This was the result of:

  1. the respondent's distrust of the applicant, whereas the applicant provided the respondent space and time for her own activities;
  2. an increasing incompatibility and difference of opinion between the two parties;
  3. the respondent requesting the applicant return her to her family, which the applicant interpreted as the respondent wanting to separate from the applicant, despite the respondent returning to the applicant after being counselled by her older sibling; and
  4. the above incidents leaving the applicant feeling uncomfortable in the respondent's presence and his feelings towards the respondent somewhat dissipated.

Indeed, the applicant and respondent had not been physically intimate since 2008.

The respondent refuted many of the applicant's submissions, primarily that the applicant's own sexual dysfunction caused by a blood condition, as well as his constantly playing golf, had caused the aforementioned rift.

After judicial mediation proved unsuccessful, the court, pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the applicant a revocable divorce (talak satu raj'i) on the grounds of ongoing conflict. The court also ordered the applicant to pay to the respondent maintenance costs of IDR 30 million backdated six months, as well as IDR 15 million for iddah (100-day period after divorce has been granted), and IDR 25 million for mut'ah (divorce compensation).

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