Bekasi Religious Court Decision No. 2793 of 2014: Irrevocable Divorce Granted

The parties were married on 25 February 2005 and had two children. By 2011 they had begun to quarrel regularly. The plaintiff submitted that this was the result of:

  1. the defendant having had an extra-marital affair with another woman, and then marrying that woman in 2013, unbeknownst to the plaintiff;
  2. the defendant arbitrarily and regularly physically assaulting the plaintiff when they would argue;
  3. the defendant having physically assaulted the parties' children;
  4. communication between the parties having broken down;
  5. the defendant no longer appreciating his parents-in-law; and
  6. the plaintiff no longer feeling valued by the defendant as his wife.

The plaintiff sought a divorce on the grounds that the parties' differences were irreconcilable. In her claim for custody of the parties' two children, aged six and one, the plaintiff cited Law No. 1 of 1974 on Marriage, as well as art 105 of the Compilation of Islamic Laws, which both require children under the age of 12 to remain in the custody of the mother. The plaintiff also cited art 41 of Law No. 1 of 1974 on Marriage, and art 105 of the Compilation of Islamic Laws, in support of her claim that the defendant was required to provide the plaintiff with IDR 2 million per month in child maintenance payments.

The court found that, due to ongoing conflict between the parties, the purpose of marriage, as envisaged by art 1 of Law No. 1 of 1974 on Marriage, in conjunction with art 3 of the Compilation of Islamic Laws, being a happy and peaceful home life, was no longer feasible. Therefore, there were sufficient reasons to grant the plaintiff an irrevocable divorce (talak satu ba'in sughra), pursuant to art 39(2) of Law No. 1 of 1974 on Marriage, in conjunction with art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws.

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