Indonesian Supreme Court Decision No. 291 of 2015: Distribution of Joint Assets Cassation

The parties were married on 20 October 1990 and had two children. The cassation respondent had submitted that during the marriage the parties had accumulated joint assets (harta bersama), comprising:

  1. property title no. 1218, in the name of the cassation applicant to the value of IDR 4.5 billion, also in the cassation applicant’s possession;
  2. property title no. 171, in the name of the cassation applicant to the value of IDR 500 million, also in the cassation applicant’s possession;
  3. a pharmacy, in the name of the cassation applicant to the value of IDR 35 million, also in the cassation applicant’s possession; and
  4. one vehicle to the value of IDR 300 million, in the name of the cassation applicant, and in the cassation applicant’s possession. 

These joint assets became the object of dispute between the parties. The cassation respondent had brought a claim in the Semarang Religious Court for his share of the assets. He submitted that the cassation applicant was uncooperative in transferring his lawful share of the assets. The cassation respondent submitted that he had repeatedly tried to claim his share of the assets but that the cassation applicant continually refused to cooperate. The cassation respondent alleged that the cassation applicant’s refusal to transfer the listed items, or equal value of the assets, 50-50 between the parties, contravened the principle of the division of matrimonial assets, as contained in the Compilation of Islamic Laws.

In the first instance, the Semarang Religious Court (No. 1607/Pdt.G/2012/PA.Smg) on 22 July 2013, found in favour of the cassation respondent, ordering a 50-50 division of the assets in dispute, and ordered both parties to pay court costs (cassation respondent: IDR 1,871,000; cassation applicant: IDR 775,000).

The cassation applicant lodged an appeal with the Semarang High Religious Court (No. 233/Pdt.G/2013/PTA.Smg), which amended the decision of the Semarang Religious Court, ruling in favour of the cassation respondent and ordering the cassation applicant to pay court costs (IDR 150,000).

The cassation applicant lodged a request for cassation on 6 March 2014. The cassation applicant submitted that the Semarang High Religious Court did not follow the regulations and misapplied the law because it did not take into account the obligations of each party to third parties when apportioning the division of the assets. The cassation applicant submitted that:

  1. the properties subject to dispute were purchased with her own money;
  2. during the construction of the house the cassation respondent had never provided financially for the family, despite having a sizeable income; and
  3. the cassation respondent had not provided a financial contribution towards the education of the children.

The cassation applicant also submitted that the cassation respondent had omitted several joint assets from his initial claim:

  1. property in the name of the cassation applicant valued at IDR 1.3 billion;
  2. a vehicle valued at IDR 80 million;
  3. proceeds of the sale of various items to the value of IDR 260 million;
  4. another vehicle valued at IDR 80,000,000;
  5. debts owed to several banks and persons; and
  6. medical and education expenses for the parties' two children.

The Supreme Court did not accept the cassation applicant’s reasons for cassation, and, pursuant to art 30 of Law No. 14 of 1985 on the Supreme Court, as amended by Law No. 5 of 2004 and Law No. 3 of 2009, dismissed the appeal. The cassation applicant was ordered to pay court costs (IDR 500,000).

FirstPreviousPage 1 of of 26NextLast