Aceh Shari'a Court Decision No. 28 of 2009

The Bireuen Shari'a Court (lower court) had stipulated the joint assets of the parties in its decision, including a parcel of land, a vehicle, and a range of household applicances. The lower court had ordered the appellant to transfer half of those assets to the respondent, and to sell those assets that could not be transferred, instead transferring half the proceeds from those sales to the respondent.

The appellant sought to challenge the decision of the lower court, specifically in regards to the parcel of land. The Court held that, while the appellant had purchased the parcel of land when he was married, he did so only having just married the respondent, but more importantly, using money he had saved from having worked for his parents prior to marrying the respondent, before he had his own business and source of income.

The Court also commented that the philosophy behind art 35 of Law No. 1 of 1974 on Marriage was that marriage adds value to assets acquired collectively as husband and wife, whereas in this case, the parcel of land was not acquired under such circumstances and could therefore be distinguished from true joint assets. It found in favour of the appellant in this regard.

In regards to the parties' three children, the Court granted joint custody, but required the appellant to pay IDR 1 million per child, per month in child maintenance, until the children were independent.

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