Makassar Religious Court Decision No. 619 of 2011: Revocable Divorce Granted With Compensation

The parties were married on 11 June 2006 and had one child. The applicant submitted that the marriage was initially harmonious. Since 2009, however, it had become quarrelsome because of the respondent's frequent and unwarranted jealously and threats to divorce the applicant. In February 2011, the applicant left the matrimonial home, taking with him his clothes and possessions. He had remained separated from the respondent for the two months leading up to the proceeding.

In her counterclaim, the respondent submitted that the applicant had never provided her with suitable financial support, and that she was always too afraid to ask him. Moreover, since February 2011, the applicant had not provided her with basic financial support, which she calculated to be IDR 2 million per month over five months (IDR 10 million). Pursuant to arts 152, 158, and 156 of the Compilation of Islamic Laws respectively, the respondent claimed she was entitled to IDR 6 million for iddah (three-month period after divorce has been granted), IDR 50 million in mut'ah (divorce compensation), as well as child maintenance payments (IDR 2 million per month) until the parties' child reached 21 years of age.

Due to the parties' ongoing conflict, pursuant to art 19(f) of Goverment Regulation No. 9 of 1975, as well as art 116(f) of the Compilation of Islamic Laws, the court granted the applicant a revocable divorce (talak satu raj'i). In regards to the respondent's counterclaim, the court ordered the applicant to pay to the respondent:

  1. IDR 5 million in financial support for five months;
  2. IDR 3 million for iddah;
  3. IDR 4 million for mut'ah; and
  4. IDR 1 million per month in child maintenance until the child reaches 21 years of age.
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