Aceh Shari'a Court Decision No. 30 of 2010

The appellant sought to challenge the decision of the Sigli Shari'a Court (lower court), which had determined the parties' marriage in 1993 to be lawful, and granted the respondent an irrevocable divorce (talak satu bain sughra).

The Court found a discrepancy between the lower court's report, particularly its final court report (hearing XIV), and the judgment. The report stated that the appellant was absent from court at the time the decision was handed down, while the judgment itself stated that both parties were in attendance. If the appellant had been present at the time of judgment, his appeal application would be invalid due to late submission (20 days after judgment had been handed down).

The Court held that, in the case of such a discrepancy, the court report prevails because it is inseparable from the decision itself. The Court also found, however, that the decision of the lower court was sound and met all legal requirements. Accordingly, while it accepted the appellant's application to appeal, it upheld the lower court's ruling to grant the respondent an irrevocable divorce.

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