Introduction
Divorce is a legal process that must be handled through a formal court proceeding in Indonesia. If you are experiencing serious marital issues and wish to resolve them lawfully, understanding how to file for divorce is a crucial first step.
This article provides a comprehensive guide on how to file for divorce in Indonesia, covering the legal basis, required documents, court procedures, legal costs, and the importance of hiring a family lawyer.
Legal Basis for Divorce in Indonesia
The legal foundation for divorce in Indonesia is regulated by Law Number 1 of 1974 on Marriage. According to Article 39(1) of the law:
“Divorce shall only be conducted before a court after the court has tried and failed to reconcile the parties.”
This means that a divorce is only considered valid under Indonesian law if it is processed and finalized in court. Any divorce that occurs outside of court is not legally recognized.
Furthermore, Indonesian courts do not accept “mutual agreement divorce” unless there is a valid legal reason and evidence. The party initiating the divorce must present solid grounds to the court.
Step-by-Step Guide: How to File for Divorce in Court
1. Determine Your Type of Marriage: Islamic or Non-Islamic
The first step is identifying whether your marriage is governed under Islamic or civil law. This determines the court that has jurisdiction:
- Islamic marriages are handled by the Religious Court (Pengadilan Agama).
- Non-Muslim marriages are handled by the District Court (Pengadilan Negeri).
Check your marriage certificate:
- A marriage book issued by KUA (Office of Religious Affairs) indicates an Islamic marriage.
- A civil marriage certificate from the Civil Registry Office (Disdukcapil) indicates a non-Muslim marriage.
2. Determine the Correct Court Jurisdiction
- For Islamic divorce, the case must be filed at the Religious Court where the wife resides.
- For non-Islamic divorce, the case must be filed at the District Court where the defendant (usually the husband) resides.
Filing in the wrong court will result in your case being dismissed.
3. Draft a Divorce Petition with Legal Grounds
A divorce petition is a formal legal document submitted by the plaintiff (husband or wife) stating the reasons for divorce.
It should include:
- Full identities and addresses of both spouses.
- Legal grounds for divorce (e.g., adultery, domestic violence, abandonment, gambling, constant disputes).
- Custody and child support requests.
- Spousal support (iddah and mut’ah, for Islamic divorces).
- Marital property division (gono-gini).
For Islamic divorces, the court may require that the couple has lived apart for at least 6 months before granting divorce.
4. Register the Divorce Case with the Court
You can file for divorce either offline or online:
- Offline Filing: Go to the court’s front office (PTSP) directly.
- Online Filing: Use the e-Court system. You’ll need to register and activate your account at the court before submitting your petition online.
5. Pay the Court Fees
After registration, court fees must be paid:
- Offline: Pay directly at the court cashier.
- Online: Pay via a virtual account provided on your e-Court dashboard.
6. Prepare the Required Documents
Islamic Divorce Requirements (filed at Religious Court):
- Plaintiff’s ID (KTP) or Passport
- Defendant’s address
- Marriage book from KUA
- Child’s birth certificate (if custody is claimed)
- Family card (KK)
- Asset documents (if claiming property division)
- Two witnesses from close relatives
Non-Islamic Divorce Requirements (filed at District Court):
- Plaintiff’s ID (KTP) or Passport
- Defendant’s address
- Marriage certificate from Civil Registry (Disdukcapil)
- Child’s birth certificate (if custody is claimed)
- Family card (KK)
- Two witnesses from close relatives
7. Wait for Court Summons
After filing, you will receive an official court summons (reelas) within 1–2 weeks. Both parties will be required to attend the hearings.
8. Attend Court Hearings
Court proceedings generally follow these stages:
- Identity verification
- Mediation session
- Petition reading
- Defendant’s reply
- Plaintiff’s rebuttal (replik)
- Defendant’s counter-rebuttal (duplik)
- Submission of written evidence by both parties
- Examination of witnesses from both sides
- Final conclusion (kesimpulan)
- Verdict (putusan)
9. Timeline for Divorce Process
- 3 months for default judgment (verstek) if the defendant does not appear.
- 4 to 5 months for standard divorce trials with both parties present.
10. Collect the Divorce Certificate (Akta Cerai)
- For Islamic divorces, the divorce certificate (akta cerai) can be collected at the Religious Court.
- For non-Islamic divorces, the divorce certificate must be collected at the Civil Registry Office (Disdukcapil) once the court decision is final and binding.
Hire a Divorce Lawyer from Legal Keluarga
Legal Keluarga is a professional law office that provides legal assistance in handling divorces—both at the Religious Court and District Court. Our divorce lawyers will:
- File your divorce case
- Represent you in court hearings
- Help you claim your legal rights, such as child custody and property division
Hiring a lawyer helps ensure that your divorce process is well-structured, timely, and legally sound.
Contact Legal Keluarga for Legal Advice
📞 Phone / WhatsApp: 0813-8968-6009
📧 Email: klien@legalkeluarga.id
Let us help you navigate your divorce process professionally and with full legal support.
