Divorce Implementation

THE NATURE OF DIVORCE PROCEEDINGS IN INDONESIA

divorce in Indonesia An Indonesian divorce is the ultimate way to dissolve a marriage. Under Indonesian law, only marriages acknowledged & recognized by an Indonesian legal systems that can be dissolved by the Indonesian court. Prior applying for divorce petition, all marriages held overseas by an Indonesian citizen or by an Indonesian residents such as foreigner residing in Indonesia for certain period of time, must be registered in Indonesia in order to make the marriage recognized by the Indonesian legal systems.

 

Once the marriage has been registered or certified under Indonesian legal system and obtain the Indonesian Marriage Reporting Certificate, the divorce proceeding can be implemented within the following procedure:

  1. Registering The Divorce petition; Registering the divorce petition to an Indonesian Court which has the jurisdiction supervises the defendant legal domicile.

  2. The court shall hold a hearing within 30 (thirty) days since the divorce petition is officially registered at the clerk’s office;

  3. The mediation proceeding;  This proceeding is meant to reconcile both party that would like to conduct the divorce.

  4. The Defendant answers; On this stage, The Defendant is allowed to answer or to disprove any or all accusation made by The Plaintiff through his or her divorce petition to the court.

  5. The Plaintiff’s rebuttal (Replik); On this stage, The Plaintiff is allowed to deny any answer made by The Defendant within the last session of the trial.

  6. The Defendant’s Rebutment (Duplik); On this stage, The Defendant is allowed to argue with The Plaintiff’s rebuttal which made within the last session of the trial.

  7. The Cross-examinations by The Plaintiff; During this stage, The Plaintiff is required to provide the documentary evidences, such as The marriage certificate obtained during the marriage between The Plaintiff and The defendant, The children’s Birth Certificate, passport, ID Card, Family Card, The Marriage Reporting Certificate, etc.

  8. The Cross-examination by The Plaintiff; On this stage, The Plaintiff should provide at least two witnesses to support his or her Divorce petition & that the provided witnesses should aware of the problems within the household between The Plaintiff and The Defendant closely.

  9. The Cross-examination by The defendant; On this stage, The Defendant is required to provide the documentary evidences, such as The marriage certificate obtained during the marriage between The Defendant and The Plaintiff, The children’s Birth Certificate, passport, ID Card, Family Card, The Marriage Reporting Certificate, etc.

  10. The Cross-examination by The Defendant; On this stage, The Defendant should provide at least two witnesses to support his or her arguments & that the provided witnesses should aware of the problems within the household between The Defendant and The Plaintiff closely.

  11. The Final Conclusion (Legal illation); On this session, The Plaintiff and The Defendant shall file each of their legal illation regarding every cross-examinations held by the court.

  12. The Court Verdict; This is the final decision made by The Judges at the court regarding the whole divorce proceedings.

     

    Depending the complexity of the case, the time interval required between a session to another is generally held within one week. The Plaintiff is mostly required to attend the hearing within a certain session, such as The Mediation Session and The witnesses examination.

     

    The above proceedings are mostly implemented in terms of regular divorce proceedings, whether on The Indonesian District Court for dissolving marriage held on non-moslem, or at The Indonesian Religious Court for Dissolving marriage held on Moslem. Should any particular circumstances arise, the proceedings involved might slightly different although it was still on the same course.

  • A legal Indonesian marriage, is a marriage that has been registered completely, the Indonesian marri...

    Read more

  • A divorce in Indonesia is known a legal proceeding that may be carried out by either party inside th...

    Read more

  • Under Indonesian legal systems, there are certain Indonesian civil documentations that requires a co...

    Read more

  • According to the Government Regulation Number 54 year 2007, an Indonesian child adoption can be clas...

    Read more

  • Kartu Ijin Tinggal terbatas (Limited Stay Permit) atau Indonesian KITAS dapat disponsori oleh istri ...

    Read more

  • Indonesian Marriage law does not recognize a cross-religious marriage, therefore in order to perform...

    Read more

  • An Indonesian single hood certificate (Surat Keterangan Belum Pernah Menikah), is a certification le...

    Read more

  • In Indonesia, there are many specific or personal reasons why a person would like to change their bi...

    Read more

  • Registration for marriage in Indonesia means to register & legalize a marriage performed in Indo...

    Read more

  • Indonesian child acknowledgement atau pengakuan anak di Indonesia, adalah sebuah upaya hukum yang kh...

    Read more

  • An Indonesian Multiple exit re-entry permit is a special permission given to an Indonesian limited s...

    Read more

  • Indonesian child acknowledgement means to acknowledge a child (under Indonesian law), which is born ...

    Read more

RESOURCES

Arasindo & Partners is an Indonesian Law firm that provides services for Indonesian Criminal Law | Immigrations law | Indonesian visas or stay permit | Indonesian Marriage | legal assistance & civil petition | Legal issues in Indonesian District Court or Religious Court | Drugs & Narcotics Law | Indonesian Domestic Violence | Company Incorporation | Fraud and embezzlement | Legitimate Heirs Rights | Prenuptial & Legal agreement | Divorce & Marriage Dissolution

Contact Now!


arasindo_ContactP:  +62-2140670333

F:  +62-2124094832

M: +62-81371080326
E:  This email address is being protected from spambots. You need JavaScript enabled to view it.
http://www.arasindo.com

ARASINDO & PARTNERS