Serang Religious Court Decision No. 1248 of 2013: Irrevocable Divorce Granted

The parties were married on 19 June 1992 and had three children (aged 21, 18 and 10). The plaintiff submitted that the defendant had:

  1. frequently physically abused her;
  2. did not take care of the plaintiff; and
  3. had married another woman without the plaintiff’s approval or knowledge.

In September 2013, the defendant left the plaintiff moving the plaintiff to file for an irrevocable divorce (talak satu ba’in sughra). While the defendant attended the first hearing, he failed to attend the subsequent hearing, despite being officially summonsed. The parties, pursuant to art 130 of Herziene Inlandsch Reglement, in conjunction with art 82 of Law No. 7 of 1989, as amended by Law No. 3 of 2006 and Law No. 50 of 2009 on Religious Courts, attended court-sanctioned mediation but failed to reconcile their differences. The defendant then agreed to the divorce but objected to the plaintiff's claim that he had physically abused the plaintiff.

The court found that the parties' marriage no longer fulfilled the purpose of marriage, as stipulated in art 1 of Law No. 1 of 1974, in conjunction with art 3 of the Compilation of Islamic Laws. Accordingly, the court, pursuant to art 19(f) of Government Regulation No. 9 of 1975, in conjunction with art 116(f) of the Compilation of Islamic Laws, granted the plaintiff an irrevocable divorce (talak satu ba'in sughra) on the grounds of ongoing conflict. The court ordered the plaintiff to pay court costs (IDR 341,000).

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