Indonesian Supreme Court Decision No. 257 of 2014: Revocable Divorce Cassation

The cassation applicant appealed on the grounds that the two previous courts had granted the cassation respondent a divorce because the cassation applicant was unable to conceive a child during their six years together. The cassation applicant argued this was due to no fault of her own, but rather that Allah SWT had not blessed them with a child. In addition, that the cassation respondent and cassation applicant had never quarrelled, but rather the cassation respondent had simply left the cassation applicant for no apparent reason. The cassation applicant also claimed that the cassation respondent was required by legislation (Law No. 10 of 1983) to submit a written request from his superior at work to formalise the divorce.

Purusant to art 30 of Law No. 14 of 1985 on the Supreme Court, as amended by Law No. 5 of 2004 and Law No. 3 of 2009, the Supreme Court dismissed the appeal, finding that the two previous courts had applied the law correctly. The court did, however, make adjustments to maintenance costs payable by the cassation respondent.

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