Banyumas Religious Court Decision No. 1236 of 2009: Irrevocable Divorce

The parties were married on 25 February 1998 and had their one and only child on 28 June 1998. In March 1999, the defendant left for Malaysia to work for two years, returning in March 2001, when he then lived at the plaintiff's parents' home for approximately three months. In June 2001, the plaintiff left to work in Taiwan and returned around December 2002. Then in June 2003, the defendant left for Malaysia for another two years to work, returning in June 2005, where he then lived with the plaintiff for approximately 10 months. In April 2006, the plaintiff left for Hong Kong to work for more than three years, returning on 14 November 2009.

Initially, the parties' marriage had been harmonious. In June 2005, however, or since the defendant had returned from Malaysia, the parties had quarrelled regularly, largely because the defendant had only sent the plaintiff money on three occasions. Moreover, upon returning to Indonesia, the defendant refused to work, and the plaintiff could only find work as a waiter at a soto roadside stall (warung). To meet their domestic needs, in April 2006, the plaintiff returned to Hong Kong to work. During this time the defendant had begun to expect that the plaintiff would send money home on a monthly basis. When the plaintiff returned on 14 November 2009, she discovered that the defendant had sold her gold jewellery, as well as their Honda motorcycle. Moreover, the defendant forbade the plaintiff from seeking financial assistance from the defendant's parents, which caused the parties to quarrel regularly. The plaintiff was concerned that the defendant was not being entirely truthful with him. Feeling that their differences were irreconcilable, the plaintiff requested that the court grant her an irrevocable divorce.

Pursuant to art 34(1) of Law No. 1 of 1974, art 19(f) of Government Regulation No. 9 of 1975, and art 116(f) of the Compilation of Islamic Laws, as well as Kitab Fiqhus Sunnah Jilid II, the court granted the plaintiff an irrevocable divorce (talak satu bain sughra), and ordered her to adhere to 90 days of iddah (three-month period after divorce has been granted) before marrying again, pursuant to art 39(1)b of Government Regulation No. 9 of 1975. The court also ordered the plaintiff to pay costs (IDR 516,000).

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