Divorce of a woman from an indonesian man

my woman lives in indonesia and she has 2 kids. She moved away from her husband in 2014 with her kids. The father never supported the kids. She applied for divorce in October 2019. The husband, I think, lives and works in Malesia. Why did she not get any reply from her lawyer yet?
is it so complicated to divorce? My woman is also very scared to talk to her lawyer.
I have decided to help her but I need an advise first.
Why the lawyer did not get back to her? does she need the agreement of her husband?
Can she divorce even though she does not get the agreement from her husband?
what about the kids?

Philippines does not have divorce, and if the person is likely a Catholic, there's annulment going through a stringent procedure by the church. which could take years and money.
Why would she be afraid of the lawyer if she is not at fault?

Ciao Daniele,
Depends by the religioni, but in any case to proceed needs the presence of both the spouse, and the lawyer should have told it to her, if he didnt, better she find another lawyer.
I dont know the reason why she nove away from his husband, could be an issue to the court.
Anyway at the following link u can find all the informations and legal procedure about divorce in Indonesia.
Let Is know how it go on.
https://www.hg.org/legal-articles/how-t … esia-24641

danieleprotti wrote:

my woman lives in indonesia and she has 2 kids. She moved away from her husband in 2014 with her kids. The father never supported the kids. She applied for divorce in October 2019. The husband, I think, lives and works in Malesia. Why did she not get any reply from her lawyer yet?
is it so complicated to divorce? My woman is also very scared to talk to her lawyer.
I have decided to help her but I need an advise first.
Why the lawyer did not get back to her? does she need the agreement of her husband?
Can she divorce even though she does not get the agreement from her husband?
what about the kids?


Assuming she's Indonesian, and was married in Indonesia

If she's a Muslim, it's as easy as the proverbial pie.
She doesn't need a lawyer but it should cost about Rp1 or 2 million if she decides to use one.
Go to the local religious department
File a complaint based on abandonment
She'll be divorced about 2 months later (Maybe longer due to covid restrictions)
If the husband can't be found there's no chance of any objection to the divorce so it will be granted after a very short hearing.
If the husband is found but doesn't turn up in court (He gets a summons but is free to ignore it), the divorce will be granted as above.
If the husband wants divorce papers, he has to turn up to the court's admin people at some point after the judgement.
Both sides have to pay tiny fees but it makes no difference to the divorce if the husband doesn't cough up.

Dead easy. Been there, done that, didn't bother with the T shirt, so I can be considered an accurate source of information on this subject.

I have absolutely no idea about the procedure for non-Muslims

In both cases (muslim or civil marriage), both spouses must show up in the relativecourt to start the process, as the law states.

"A. Rules on Divorce

In Indonesia, divorce is regulated under Law No. 1 of 1974 concerning Marriage (“Marriage Law”) which implemented by Government Regulation No. 9 of 1975 concerning The Implementation of Law No. 1 of 1974 concerning Marriage (“Marriage Regulation”). Divorce can only be conducted base on reasons provided by Article 19 of Marriage Regulation which are:

a. One of the spouse has committed adultery, is an alcoholic, is addicted to drugs, is a gambler or other vices which are difficult to cure;
b. One of the spouse has left the other spouse for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his control;
c. One of the spouse has been sentenced to imprisonment for five years or a longer period;



d. One of the spouse has resorted to cruelty or severe ill-treatment, endangering the life of the other spouse;
e. One of the spouse has developed a disability or disease, preventing from fulfilling the duties of husband or wife;
f. The spouse has irreconcilable differences.

Divorce could only be claimed and submitted before a Court. This is provided by Article 39 paragraph (1) of Marriage Law. Furthermore, Article 20 of Marriage Regulation provides that divorce claim basically should be addressed to the Court whose jurisdiction is within the defendant's domicile. In other words, divorce claim should be submitted to Court whose jurisdiction covers the domicile of husband or wife. This will depend on who has the initiative to submit the divorce claim. However, such rule is not absolute in case the domicile of defendant is unknown and in case that the defendant is domiciled abroad. In such cases, the divorce claim may be submitted in the plaintiff's domicile.

Relating to divorce claim, at this moment Indonesia still adopts dualism in law. This dualism evidenced itself at the jurisdiction of court based on religion adopted at the time of marriage. If the parties are conducting their marriage based on Islamic Law, therefore the divorce claim shall be submitted to Religious Court (Pengadilan Agama). On the other hand, if the parties are conducting their marriage based religion other than Islam, therefore the divorce claim shall be submitted to District Court. Such dualism is clearly provided by Article 1 point (b) of Marriage Regulation.

1. Mechanism of Divorce at District Court

The mechanism of divorce at district court is conducted in the form of court proceeding. In this vein, the plaintiff (one spouse who initiated the divorce) can represent him or herself or represented by attorney to appear before the court. It is suggested that the divorce be conducted by attorney as the party may not familiar with legal documents required by court or the party may have any other important matters to be taken care of. The process of divorce claim at district court consists of:

- Submission of divorce claim;
- The court summons both parties to attend the scheduled court hearing;
- Examination of the parties before the court;
- Mediation process (maximum of 40 (forty) days as mandatorily asserted by Supreme Court Regulation No. 1 of 2008 concerning Mediation Process in Court);
- If mediation has been failed, court proceeding will continue to the agenda of response of defendant towards divorce claim;
- The plaintiff's rebuttal;
- The defendant's surebuttal (counter-rebuttal);
- Evidence by the plaintiff and cross-examination;
- Evidence by the defendant and cross-examination;
- Closing/conclusive argument by both parties before the court;
- Judgment on divorce claim.

The court proceeding as mentioned above is in accordance with procedure of civil claim provided by Article 164 of Indonesian Civil Procedural Law (Het Herziene Indonesisch Reglement). Accordingly, the mechanism of evidence is also made in line with such law. The evidences that could be admissible to the court are:

- Written evidence (mail, legal documents, authentic documents, marriage book, birth certificate, identity card, family card, and other relevant evidence);
- Witness (this can be person/s who know or had the reason to know the situation faced by the parties on divorce claim);
- Inferences;
- Confession;
- Solemn vow.

2. Divorce Claim at Religious Court

Principally, the mechanism of court proceeding between religious court and district court is similar. The difference is located on the notion used by both court. As mentioned above, the district court is using the notion “divorce claim” while the religious court using the notion “divorce application” in the case of husband who has the initiative to divorce and “divorce claim” in the case of wife who has initiative to divorce. The court proceeding on religious court is conducted in accordance with Indonesian Civil Procedural Code and mixed with Islamic Law. The process of divorce at religious court is similar with the process in district court, which is:

- Submission of divorce application or divorce claim;
- The court summons both parties to attend the scheduled court hearing;
- Examination of the parties before the court;
- Mediation process (maximum of 40 (forty) days as mandatorily asserted by Supreme Court Regulation No. 1 of 2008 concerning Mediation Process in Court);
- If mediation has been failed, court proceeding will continue to the agenda of response of defendant towards divorce claim;
- The plaintiff's rebuttal;
- The defendant's surebuttal (counter-rebuttal);
- Evidence by the plaintiff and cross-examination;
- Evidence by the defendant and cross-examination;
- Closing/conclusive argument by both parties before the court;
- Judgment on divorce claim;
- If the divorce is granted, therefore the court will then order male spouse to read divorce statement or as known as “Ikrar Talak"

Marcello Manganese wrote:

In both cases (muslim or civil marriage), both spouses must show up in the relativecourt to start the process, as the law states.


86% of Indonesians, give or take, are Muslims so there's a reasonable chance.

It hardly matters who did a runner as the divorce rules don't state it does. What does matter is the time apart.

As for 'must turn up in court' - WRONG - If one party doesn't appear in court the divorce is commonly granted without contest. I chose not to go to court as the court said the process would take far longer because we would have to go through the 40 days waste of time if I did.
I wandered back the day after the judgement, paid a tiny fee, then collected my freedom certificate.

They even have a drive trough service (if you're riding a motorbike)

To the OP, if the lady is a Muslim, it's easy - If not, I do not know.

Read what says the Indonesian law about the process to divorce and what are the reasons why the blame goes to one rather than another, one of them is the abandonment of the marital roof, and the OP said that it was she who left the house, which you do not have understood, so until we know the reasons why she left, only apeculations can be done and we are not here for that, but to help with certain information, as only the law can be.

https://lawjakarta.com/divorce-in-indonesia/

As it says but MM totally failed to understand - Both parties get a summons, but the religious court (in the case of Islam) has no way to enforce it. He also failed to understand the first of the two lines I quoted from the link. It doesn't say who left whom, just one left the other.

I have done this so I know the ropes from personal experience.

The process, covid permitting and unopposed, will take around two months and be very cheap. If the husband opposes the case, it will take longer.

That applies to Muslim marriages - I can't speak for other types

Lets get past the crap.
Mr Fred wrote:
"If the husband can't be found there's no chance of any objection to the divorce so it will be granted after a very short hearing."
False, as mentioned in the law:
"Mediation process (maximum of 40 (forty) days as mandatorily asserted by Supreme Court Regulation No. 1 of 2008 concerning Mediation Process in Court)", and mediation is between the two spouses, not only one, otherwise is not possible to go to the court, unless a spouse that don want show up decide to hire a lawyer to rapresent his, but this another thing that Mr Fred dont understood.
Mr Fred wrote:
"He also failed to understand the first of the two lines I quoted from the link. It doesn't say who left whom, just one left the other"
False, Mr Fred stated that he left the house, but Mr Fred deleted that part of his post, Thats why I specified that she was the one who left the home.
Mr Fred wrote:
"Unlike him I have done this so I know the ropes from personal experience, not from Google searches I don't understand."
There is any Goggle search, what I share is THE LAW, and everyone with a brain always follow what is in the law, instead personal experiences not supported by offiicial sources (the last link that Mr Fred share is related to the same law I refeer).
Law Mr Fred, Law.

@ Marcello and Fred :

Kindly note that we have moderated your posts on this topic  as we have repeatedly told you guys not to pick on each other openly on forums.

Besides, contradicting information has also been shared by you two so I would request the initiator here to go through your posts and to check the validity of the information shared with a lawyer or another figure of authority.

I hope that this situation will not happen again as we are here primarily to help our members and not to confuse them.

Thanks,

Priscilla
Expat.com Team

Unfortunately, he's talking crap as he has nothing but poorly understood googling to work with.
I know as I have completed the procedure. It's as simple as that.

So we have the option of listening to someone who has gone through it, or someone with lousy English who googles and guesses, but fails to understand.

I'll leave that up to you.

Priscilla wrote:

@ Marcello and Fred :

Kindly note that we have moderated your posts on this topic  as we have repeatedly told you guys not to pick on each other openly on forums.

Besides, contradicting information has also been shared by you two so I would request the initiator here to go through your posts and to check the validity of the information shared with a lawyer or another figure of authority.

I hope that this situation will not happen again as we are here primarily to help our members and not to confuse them.

Thanks,

Priscilla
Expat.com Team


Hi Priscilla I completely agree with u, I share a link to the official llaw governing divorce and which is the one to which the lawyers refer, while him talk about some supposed experience without be able to provide an official source to confirm his statement, like u ask.
Please note that Fred continue to offend me, hopefully u can take action to stop that.
Tks
Update
now he deleted the part.of his post above where he insult me, after I put it to ur attention  even if continue to call "poor Google research" the official Indonesian law I posted",  but in the meantime others members had the time to read it, and this Is not first time he do something like that.

Priscilla wrote:

I hope that this situation will not happen again


Seems good. I'll call it a day as I don't really have the time and I can't be arsed to bother. He flames and accuses (including a couple of very serious allegations you've already removed)
As requested previously, please delete this account.

I've spent a lot of time working on this but I really can't be bothered any more. When you finally realise what he is, and if you still have the inclination, you have my number.
I removed my number in the contact thread as I didn't want MM to find it, but J has it.

Actually what Mr. Marcelo & Mr. Fred said is quite true.  So that you are not confused, you must know in more detail about the status of your girlfriend.  For me there is a slight oddity in your story, about your girlfriend who did not dare to meet her lawyer.  Have you ever seen your girlfriend's divorce filing file?  Every official divorce application there must be a filing file & the status can be directly asked to the district court.

But I've seen some of my friends who didn't get a legal divorce in the religious court but she could remarry.  In fact, what I know is that many Indonesians rarely take the legal process as they should.  But this is more common in rural areas. Why?  Because some people don't want to pay or don't have the money to go through a divorce process in court.  That's according to some of my friends.  Everyone has a different story.  The most important thing is that you have to find the complete information.  Don't let you be harmed or get scammed.

Grazie Marcello

Fred wrote:
Priscilla wrote:

I hope that this situation will not happen again


Seems good. I'll call it a day as I don't really have the time and I can't be arsed to bother. He flames and accuses (including a couple of very serious allegations you've already removed)
As requested previously, please delete this account.

I've spent a lot of time working on this but I really can't be bothered any more. When you finally realise what he is, and if you still have the inclination, you have my number.
I removed my number in the contact thread as I didn't want MM to find it, but J has it.


Actually u are the one who always insult me and everyone who "dare" to enlight ur false informations, a lot of ur post has been deleted for that.
Im sorry if people always follow my suggestions (last one the OP who thanks me) , probably its because I alwayg support them with official sources.
And dont worry about ur phone number, I dont have any intention to call u, its enough for me to be pushed to relate with someone like u on this forum.

danieleprotti wrote:

Grazie Marcello


Prego Daniele, u can contact me anytime.

Hi Fred, i tend to agree with you that there is no need for the defendant spouse to be present for the divorce to be proceeded with.  The most important thing is that the court summons has been properly delivered to the defendant spouse.  The link that you referred to makes sense. 

https://lawjakarta.com/divorce-in-indonesia/

The judge will proceed with the divorce proceeding as long as the judge is satisfied that the summons has been properly delivered.

Having said that, it is best for estranged spouses to try their best to reconcile and ask themselves why they were drawn to each other in the first place.  I thank God that I was not too hasty in going down the D path and am now trying to repair the marriage.

Hi Keem, I see u are new here, so First of all, welcom.
Your Is a personal opinion about the presence of the spouses to the court, but here, when we talk about legal matters, we are used to provide official sources to support our statements.
In this case I provided a link to the law that regulate divorce in Indonesia, u can read it and find out that the presence of the spouses Is required, specially when the judge try the reconciiation, without that, trial cannot start.
Glad to hear that ur marriage Is going good.

Muhamad Isna Wahyudi

Look up his works and you'll find out judges in Islamic courts don't have to follow state law. Accepting misinformation based on poorly understood google searches in a language an unemployed, twice failed bartender can't properly understand is really bad news if you want to know the real situation.

The upshot is, if it's an Islamic marriage, the husband doesn't have to be around and, even if he's there, the fact a couple have been apart for so long is reason enough to grant a divorce.
Islamic law is very clear on the matter, and the judge is free to use it over state law.

Basically readers have a choice between believing someone with google but no understanding, or someone who has first hand experience.

What a coincidence!!! A user who signed up yesterday writes his first post to support an incorrect infoemation by Fred and he reappears after two months of silence to insult and defame me, continuing to insist with his disinformation, already wrong from the premise.
In fact, the OP did not specify what kind of marriage it is, but even if it were a Muslim marriage, nothing changes, as established by Law No. 1 of 1974 concerning Marriage (“Marriage Law”) which implemented by Government Regulation No. 9 of 1975 concerning The Implementation of Law No. 1 of 1974 concerning Marriage (“Marriage Regulation”) (and not from a "poor google research)"wich estabilish among other things:
2. Divorce Claim at Religious Court

Principally, the mechanism of court proceeding between religious court and district court is similar. The difference is located on the notion used by both court. As mentioned above, the district court is using the notion “divorce claim” while the religious court using the notion “divorce application” in the case of husband who has the initiative to divorce and “divorce claim” in the case of wife who has initiative to divorce. The court proceeding on religious court is conducted in accordance with Indonesian Civil Procedural Code and mixed with Islamic Law. The process of divorce at religious court is similar with the process in district court, which is:

- Submission of divorce application or divorce claim;
- The court summons both parties to attend the scheduled court hearing;
- Examination of the parties before the court;

- Mediation process (maximum of 40 (forty) days as mandatorily asserted by Supreme Court Regulation No. 1 of 2008 concerning Mediation Process in Court);
- If mediation has been failed, court proceeding will continue to the agenda of response of defendant towards divorce claim;
- The plaintiff's rebuttal;
- The defendant's surebuttal (counter-rebuttal);
- Evidence by the plaintiff and cross-examination;
- Evidence by the defendant and cross-examination;
- Closing/conclusive argument by both parties before the court;
- Judgment on divorce claim;
- If the divorce is granted, therefore the court will then order male spouse to read divorce statement or as known as “Ikrar Talak"
So there are 2 steps that requires the presence of both the spouses!!!
Basically readers have a choice between believing someone expresses personal opinions unsupported by official sources and someone who knows the law and documents it.
Allow me a football digression about the recently concluded European championship:
"Is coming home"... yes in Rome!!!  ;););)

Marcello Manganese wrote:

Your Is a personal opinion about the presence of the spouses to the court


No, his point isn't opinion, it's fact

Marcello Manganese wrote:

Law Mr Fred, Law.


Reality - not misunderstood google results.
As I said, if the husband doesn't turn up, it's no problem.

https://lawjakarta.com/divorce-in-indonesia/

[b]What if the Defendant spouse is not present in or absent from the divorce proceeding?[/b]

If the Respondent/Defendant is not present and the judge is satisfied that the summons on the defendant spouse has been properly delivered to the defendant/spouse, the judge will order that the divorce court process proceed in absence of the defendant spouse.  Contrary to certain misconceptions, it does not mean that the divorce cannot be proceeded with as long as the defendant spouse does not appear in the divorce proceeding. A divorce can still be granted in absence of the defendant spouse.  Delivery of the summons to the spouse should be sent to the address of the defendant spouse according to the Identity Card (KTP – Kartu Tanda Penduduk) of the defendant spouse.  If not, the summons is to be delivered to the last known address of the defendant spouse.  It may also be good to contact the village head of location where the defendant spouse is known to reside to enquire about the his or her whereabout and whether he or she is still residing in that neighbourhood.  The judge might order publication of the summons in the newspaper if deemed necessary but this practice can vary between judges – the objective is to be satisfied that notice has been given to the defendant spouse before the divorce is proceeded with in absence of the defendant spouse.


Sadly, if the OP took misunderstood googled rubbish advice as fact, he may have altered his plans based on that misinformation. However, other readers might well be saved from the same erroneous information.

As for not being on the forum - No - I've been replying to posts by PM in order to avoid arguments, trolling and insults.

Fred wrote:
Marcello Manganese wrote:

Your Is a personal opinion about the presence of the spouses to the court


No, his point isn't opinion, it's fact

Marcello Manganese wrote:

Law Mr Fred, Law.


Reality - not misunderstood google results.
As I said, if the husband doesn't turn up, it's no problem.

https://lawjakarta.com/divorce-in-indonesia/

[b]What if the Defendant spouse is not present in or absent from the divorce proceeding?[/b]

If the Respondent/Defendant is not present and the judge is satisfied that the summons on the defendant spouse has been properly delivered to the defendant/spouse, the judge will order that the divorce court process proceed in absence of the defendant spouse.  Contrary to certain misconceptions, it does not mean that the divorce cannot be proceeded with as long as the defendant spouse does not appear in the divorce proceeding. A divorce can still be granted in absence of the defendant spouse.  Delivery of the summons to the spouse should be sent to the address of the defendant spouse according to the Identity Card (KTP – Kartu Tanda Penduduk) of the defendant spouse.  If not, the summons is to be delivered to the last known address of the defendant spouse.  It may also be good to contact the village head of location where the defendant spouse is known to reside to enquire about the his or her whereabout and whether he or she is still residing in that neighbourhood.  The judge might order publication of the summons in the newspaper if deemed necessary but this practice can vary between judges – the objective is to be satisfied that notice has been given to the defendant spouse before the divorce is proceeded with in absence of the defendant spouse.


Sadly, if the OP took misunderstood googled rubbish advice as fact, he may have altered his plans based on that misinformation. However, other readers might well be saved from the same erroneous information.

As for not being on the forum - No - I've been replying to posts by PM in order to avoid arguments, trolling and insults.


I'm sorry but only the first part of the article you posted concerns the law that regulates divorce in Indonesia and it is the one that I posted, the rest is a personal interpretation of the author of the article that has no value, only that that establishes the law counts and here the law is very clear, the two spouses must present themselves together to the judge for the attempt at reconciliation (how would it be possible otherwise?) end of the story.
What you do in private I don't care if there is someone that sadly took misunderstood googled rubbish advice as fact, they may have altered his plans based on that misinformation. However, other readers might well be saved from the same erroneous information just asking on the forum for answers supported by official sources and not by junk articles found with Google.

Hi everyone,

Well enough has been said here.
I would recommend anyone who is looking for exact information to go through these posts and to do their own research first.

Thank you,

Priscilla
Expat.com Team

[ Thread closed ]

Closed