Bekasi Religious Court Decision No. 194 of 2015: Irrevocable Divorce Granted

The parties were married on 20 February 2001 and had three children. Since the beginning of 2001, however, they had quarrelled regularly. The plaintiff submitted that this was the result of the defendant:

  1. not being financially transparent;
  2. often directing obscenities at the plaintiff, including threatening her, insulting her, and physically assaulting her; and
  3. having already married another woman without the plaintiff's permission.

In her claim, the plaintiff submitted that the state of the parties' marriage meant that the purpose of marriage, as envisaged by Law No. 1 of 1974 on Marriage, was no longer feasible. 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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