10 Steps How to Divorce in Indonesia
Divorce is the end of a marriage. When both couples decide not to continue their marriage, they can ask the government to be separated. Ending a marriage is certainly not an easy thing. There are so many aspects to note.
However, the most important is the readiness and steadiness of a person when deciding to divorce. There are so many couples prepare their own divorce. Although the process is a bit more complicated, but this is not impossible to do. Take yourself with enough knowledge and don’t be shy to ask. Here are how to divorce in Indonesia.
- Preparing documents related to marriage.
To conduct a ‘divorce process in court, it takes some documents as a condition, here are the documents you need to preparee:
- Copy / photocopy of Identity Card of the husband and wife (KTP or passport for foreigners)
- Copy of Family Card (KK/KSK)
- Copy of Birth Certificate / Birth Certificate from children (if already have children).
- Copy of Book of Marriage (for Muslims) or Marriage Act (for Christians (Catholics & Protestants), Hindus and Buddhists
- Copies of other letters relating to reasons for divorce. If the reason for the divorce is because one of the parties is sentenced to 5 years imprisonment, then you need to complete with evidence of a court verdict stating that the spouse has been sentenced to 5 years or more for guilty of a crime. If in the process of divorce, one of the parties also want to dispute about the status of joint property (gono-gini) then it should also be equipped with:
- Copy of Letter of Marriage Agreement (if at the time of marriage the husband and wife have made the marriage agreement)
- Copies of proof of ownership of valuable goods such as: Land Certificate, BPKB car / motorcycle, Certificate of Deposit or Book Deposit Savings Money in bank etc.
- A copy of the Debt Proof Letter which is a dependent husband and wife in the marriage
- Make chronological issues
The plaintiffs write down the chronology of his household problems on plain paper. This chronology contains the complete story of married couples who want to divorce, from the beginning of marriage to the cause of the dispute until finally decided to divorce. Stories must be made with truth and detail. This is to facilitate the plaintiff in preparing a suit later. Try to create a coherent and clear storyline, so the judge can also easily understand your reasons for suing for divorce.
- Create a divorce papers
In the divorce papers, there are generally three commonly issued points such as divorce status, childcare rights, and the right to obtain joint property. After the divorce lawsuit has been made, you should get 5 sheets photocopy of the file.
So in total you have six pieces of divorce papers that will be required when registering the divorce suit. The six files will be distributed to the parties concerned in court later. One file will be sent by the court to the husband (Defendant), three files for the judges, a file for the court clerks (the officer on duty to record the proceedings), and one remaining file becomes your hold.
- Find Information
Before you file for divorce, it is a good idea to seek information about the process of filing for divorce first so that you are sure what you are doing is right. To obtain information related to the filing of a divorce suit, you can go directly to the information desk of the local Court, or telephone, open the website, contact the nearest non-governmental organization.
- Registering a divorce in the competent court
Usually the registration of a lawsuit is made in the administration room by a court official who is tasked with accepting the lawsuit. The officer will assign the seal or validation to the six submitted files. By doing that way your lawsuit has been registered.
Once you are convinced to which Court you must come to file a lawsuit, come to the Court with a divorce papers in accordance with the attached format. If you use a Legal Counsel, you may request a Legal Counsel to make a Claim on your behalf. If you are a blind, illiterate or non-literate person, then you can file an oral lawsuit in front of the Chief Justice.
- Prepare the registration fee of the lawsuit
Prepare the cost of registration lawsuit about IDR 500,000 – IDR 700,000. This registration fee would be differ in each court, but generally revolves around that number. On the same day after you submit the Claim Letter to the Clerk, the Registrar will assess the cost of the case as set forth in the Power of Attorney to Pay (SKUM).
- You will be required to pay the License Fee of the Case at the bank appointed by the Court.
- Save the payment mark (issued by the bank) and return the payment receipt to the Court, as it will be attached to the registration of the case.
- If you can’t afford a court fee, then you can apply for Prodeo to the Chief Justice
- Preparing witnesses
After an official lawsuit is filed, the court will send a divorce papers along with a summons to attend the first trial to the husband. The first trial schedule usually falls within two to four weeks after the date of registration of the divorce suit. During the waiting for the trial, prepare at least two witnesses with these qualifications:
- Witnesses consist of at least 2 persons
- Witnesses may come from family, neighbors, friends or people who live in your home
- Witness should know (hear and see) directly the events related to your divorce suit
- Witness must be an adult (18 years old or married or married)
Witnesses should be presented for review by the Panel of Judges at the next session after the mediation process fails when the trial of evidence.
- Waiting for the hearing
After paying the court fee, you will get a case number. Within 1-2 days of registering the lawsuit, the President of the Court shall determine the Panel of Judges to hear the case. Chief Judge appointed, immediately set a trial day. On the basis of the determination of the day of the hearing (PHS), the bailiff summoned both parties to attend the hearing. You must receive a letter of at least 3 days before the date of the hearing.
A court summons for you must be submitted at your residence. A court summons for the husband will be handed over to the husband at his residence. If you or your husband is not at home, then the bailiff will send the summons to the village head or your husband or husband.
- The trial
Here are what is going to happen in the trial
- If both wife and husband are present on the first trial, the mediation will be conducted. If one party is not present then the hearing is adjourned for calling the absentee.
- After mediation (if both parties are present), the trial followed by the reading of the Plaintiff’s lawsuit letter.
- The Defendant’s reply of the Plaintiff’s claim letter (oral / written).
- Reply, ie Answer from the Plaintiff on Defendant’s Response
- Duplication, which is the Defendant’s reply to the Plaintiff’s reply
- If the Defendant is never present, then 2-5 points are not implemented and directly at the stage of proof of the Plaintiff;
- Contains the conclusions of the parties as a form attitude towards the case;
- Decision Reading.
10. The divorce certificates
Here are the processes of getting certificates after the trial
- Having been given a decision stating that the marriage has been
- If one of the parties is not present at the time of reading, the verdict will be sent to the Defendant.
- After 14 days from the Defendant receives the verdict, there is no appeal, then the verdict has permanent legal force (BHT)
- If the verdict is BHT, then Deed of Divorce can be taken.
- Especially for the husband, after the second BHT decision the parties will be recalled to carry out the pledge of talak (state of divorce)
- If it is a pledge then the day can also be made divorce certificate.
Soon after you get the divorce certificates, you might be separated with your wife or husband. The divorced couple might not stay at the same home anymore. However their status of the parents could not be end. So, they have to take care their child well.
Those are the ways to divorce in Indonesia. The steps could be applied if you decide not to use help from lawyers or LBH in court. However, you can still consult with them about the divorce procedure. The role of legal consultants will also be helpful.