Aceh Shari'a Court Decision No. 23 of 2010

The appellant sought to challenge the decision of the Langsa Shari'a Court, which had granted the respondent a revocable divorce (talak satu raj'i), but also ordered the respondent to pay to the appellant the following in maintenance: IDR 5 million (iddah - 100-day period after divorce has been granted); the monetary equivalent of two grams of gold (mut'ah); IDR 1 million (kiswah - clothing); and IDR 750,000 per month in child maintenance, until the parties' three children were of age and independent.

Overall, the Court agreed with the decision of the lower court. It did not, however, concur with the lower court's usage of the word 'menolak' (dismiss) in regards to the appellant's request that one-third of the respondent's salary be provided to the appellant as financial support, based on Government Regulation No. 10 of 1983 (amended by Government Regulation No. 45 of 1991), because those regulations relate to the discipline of civil servants, rather than marriage and divorce. Accordingly, the Court stated, such a claim should be declared 'tidak dapat diterima' (unacceptable).

The Court also increased the amount of maintenance payable by the respondent, as follows: IDR 5 million (iddah); the monetary equivalent of three grams of gold (mut'ah); IDR 2 million (kiswah); and IDR 750,000 per month in child maintenance, until the parties' three children were of age and independent.

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