Bekasi Religious Court Decision No. 2184 of 2014: Irrevocable Divorce Granted

The parties were married on 10 July 2011. By March 2012, however, they had begun to quarrel regularly. The plaintiff submitted that this was a result of:

  1. the defendant having had an extra-marital affair, which the plaintiff had discovered through the defendant's mobile phone;
  2. the defendant prioritising himself, rather than providing the plaintiff with enough attention, affection and physical intimacy;
  3. the defendant's alcohol dependency; and
  4. the defendant's bi-sexual tendencies.

In July 2013, the defendant had left the matrimonial home for no apparent reason, and, since then, had failed to provide the plaintiff with any information as to his whereabouts. The plaintiff's inquiries with the defendant's family and friends were to no avail as they knew nothing. The plaintiff alleged 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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