Makassar Religious Court Decision No. 1493 of 2010

The parties were married on 8 December 2010. The plaintiff submitted that, after one year and four months of marriage, in August 2010, the marriage had deteriorated because:

  1. the defendant had had an extra-marital affair with another woman;
  2. the defendant would often drink excessively; and
  3. the defendant was often physically violent towards the plaintiff.

The defendant had left the matrimonial home for his girlfriend's home, where he had remained since 10 August 2010 for the four months leading up to the proceeding. Throughout those four months the defendant had neglected his responsibilities to the plaintiff and never once provided her with any form of support.

Despite there still being some communication between the parties, the plaintiff felt it untenable to reunite with the defendant. Given the parties' evident ongoing conflict, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu bain sughra). It also ordered, pursuant to art 45 of Law No. 1 of 1974 on Marriage, and art 105(c) of the Compilation of Islamic Laws, the defendant to pay to the plaintiff IDR 1 million in child maintenance per month until the child was self-sufficient.

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