Bekasi Religious Court Decision No. 2188 of 2014: Irrevocable Divorce Granted

The parties were married on 25 August 2012. By the end of September 2012, however, the marriage had become quarrelsome. The plaintiff submitted that this was a result of the defendant having had an extra-marital affair with another woman in November 2012, and the defendant subsequently leaving the plaintiff without any apparent reason or without providing her with any financial support. The plaintiff submitted that the purpose of marriage, as envisaged by Law No. 1 of 1974 on Marriage, was no longer attainable.

The court found that the information provided by witnesses corroborated with the plaintiff's submissions. It noted that it was required, pursuant to art 39(1) and (2) of Law No. 1 of 1974 on Marriage, to mediate the parties, and to then identify sufficient reason to grant the parties a divorce in the event mediation was unsuccessful. The court found sufficient reason in the form of ongoing conflict and, therefore, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the parties an irrevocable divorce (talak satu ba'in shughro).

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