Makassar Religious Court Decision No. 1098 of 2011: Second Marriage Dissolved Due to Lack of Permission

On 25 March 1984, the plaintiff and first defendant married. They lived in Makassar and had six children. On 18 May 2011, the first defendant married the second defendant, unbeknownst to the plaintiff. The plaintiff claimed that, as the first defendant was a state university lecturer assisted by the Indonesian Muslim University Waqf Foundation (Yayasan Wakaf UMI), he was obliged to first obtain his first wife's permission before marrying another person. Moreover, because he had not, his marriage to the second defendant contravened Law No. 1 of 1974 on Marriage, and should therefore be rendered null and void by the court.

Despite both defendants failing to attend the proceeding, the court acceded to the plaintiff's application, dissolving the marriage between the two defendants on the grounds that the first defendant had not first sought the permission of the plaintiff. The plaintiff was ordered to pay costs (IDR 571,000).

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