Expatriate Divorce In Indonesia

This article was authored by Expatriate Law.

Jurisdiction for Divorce in Indonesia

A party can file divorce proceedings in Indonesia court if one of the married couples:

is an Indonesian citizen; is domiciled in Indonesia at the time of the law suit; and has a substantial connection with Indonesia. Divorce in Indonesia

Under Law Number 1 of 1974 on Marriage ("1974 Marriage Law"), a marriage conducted in Indonesia becomes valid if it is done in accordance with each of [recognized] religion and belief in Indonesia.

Further, Government Regulation Number 9 of 1975 on Implementation of 1974 Marriage Law ("1975 Marriage Regulation") regulates a procedure to register a marriage. According to 1975 Marriage Regulation:

a marriage conducted by Moslem couples, the registration of marriage shall be done by Religion Affairs Office (Kantor Urusan Agama); and a marriage conducted by non-Moslem couples, the registration of marriage shall be done by Civil Registration Office (Kantor Catatan Sipil). The registration of a marriage in Indonesia shall determine the governing law for divorce. Because of this principle, couples with different religions that married in Indonesia usually choose one religion that will be used to register the marriage in Indonesia.

Because Islam is the majority religion in Indonesia, the divorce process of Muslim couple takes place in religious court under Islamic religious procedure regulations. Meanwhile, a divorce process for non-Moslem couple takes process in a general court under general court procedure regulations.

Grounds for Divorce in Indonesia

In accordance with the 1974 Marriage Law and the accompanying 1975 Marriage Regulation, a divorce may only be granted if one of the following categories is met:

One party has committed adultery, is an alcoholic, a drug addict, a gambler or exhibits other vices that strain the relationship because of their difficulty to cure; One party has separated from the other for a period of 2 (two) years consecutively without consent or legitimate reasons or because of reasons beyond his/her control; One party has been sentenced to a term of imprisonment for 5 (five) years or longer after the marriage is occurred; One party commits severe cruelty and ill treatment to the other that endangers the life of the abused party; One party has developed a disability or disease that prevents he/she from completing their duties as husband/wife; The parties have irreconcilable differences. Grounds for...