Marriage, as regulated under Article 1 of Law Number 1 of 1974 concerning Marriage (UUP), is a physical and spiritual bond between a man and a woman as husband and wife, with the purpose of establishing a happy and eternal family based on the belief in the Almighty God. However, in the course of marital life, disputes and misunderstandings may arise, which can ultimately lead to one party’s decision to file for divorce in court.
If disputes between husband and wife persist and no resolution can be reached despite mediation efforts, a divorce lawsuit may be filed in accordance with Article 39 paragraph (2) of the UUP, which states:
“A divorce may only be conducted for sufficient reasons indicating that the husband and wife can no longer live harmoniously as husband and wife.”
The following documents must be submitted when filing a divorce lawsuit:
- Original marriage certificate;
- Two copies of the marriage certificate, duly legalized and affixed with a stamp duty;
- Copy of the Plaintiff’s Identity Card (KTP);
- Certificate from the local village office if the Defendant’s/Respondent’s address is unknown;
- Copy of the Family Card;
- Copy of the child’s birth certificate (if any), duly legalized and affixed with a stamp duty.
If one party intends to file for divorce, Article 40 of the UUP stipulates that the lawsuit must be filed with the competent District Court that has jurisdiction over the case (Relative Competence). The lawsuit must be filed in the jurisdiction where the Defendant actually resides, as prescribed under Article 118 paragraph (1) of the Herziene Indonesisch Reglement (HIR), which states:
“A civil lawsuit, which falls under the first-instance jurisdiction of the district court, must be filed through a written petition signed by the plaintiff or their legal representative pursuant to Article 123, to the chairman of the district court within the legal jurisdiction where the defendant resides or, if their residence is unknown, their last known actual domicile.”
Thus, filing for divorce requires compliance with the necessary documentation and procedural requirements. The lawsuit must be filed in the competent District Court in accordance with the Defendant’s domicile, as regulated under Article 40 of the UUP and Article 118 paragraph (1) of the HIR. It is crucial for all parties involved in legal proceedings to ensure that the lawsuit is filed in accordance with the applicable legal provisions to prevent procedural abuse that could harm either party and undermine trust in the judicial system.