The author, who is a divorce lawyer in Bali who is specialized and professional in dealing with divorce in courts, will explain the requirements for divorce in courts in Indonesia.

Marriage as regulated in Article 1 of Law Number 1 of 1974 (Marriage Law) is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead.

However, to achieve the goal of marriage is not easy, not a few married couples are unable to maintain household harmony and choose divorce as the solution. According to Article 38 of the Marriage Law, a marriage can be terminated because:

  1. death,
  2. divorce and
  3. on the decision of the Court

If the community, both husband and wife, wants to file a divorce with their partner, they must first file a lawsuit in the Court in the domicile area where the Defendant lives.

For those who are Muslim, a lawsuit for divorce or divorce can be filed at the Religious Court in the domicile area where the Defendant is located. The requirements for filing a lawsuit are to complete the following documents:

  1. Marriage Certificate (for non-Muslims), or Marriage Book (for Muslims)
  2. Family Card (KK)
  3. Identity Card (KTP)
  4. Child Birth Certificate (if you have children)
  5. Divorce Permit from superiors (For PNS, TNI, POLRI)
  6. Copy or Certificate from the Disdukcapil Office (if there is no Marriage Certificate) or Duplicate Marriage Book from the Office of Religious Affairs (KUA).

If there is a desire to file a gono-gini lawsuit (division of marital property/joint property), then the required documents that must be completed are:

  1. Proof of ownership of the house/building/land in the form of: Certificate of Ownership (SHM), SHGB, Certificate of Use of Land Rights, AJB (Deed of Sale and Purchase), PPJB (Agreement for Binding of Land Sale and Purchase), Letter of Agreement for Sale and Purchase of Land under stamped, receipt of sale and purchase of land/building, and other proof of ownership;
  2. Vehicle BPKB, STNK, vehicle sale and purchase receipt and other proof of ownership;
  3. Savings Book, Deposit Book, Share Ownership, and other evidence;
  4. Notes on jewelry, as well as other evidence of wealth.

The next step can be to ask for the assistance of a divorce attorney to make a lawsuit which at its point contains:

  1. the date & place of the marriage,
  2. reasons for divorce,
  3. requests to court judges, such as: granted divorce, child custody, maintenance money, and distribution of gono-gini assets (marriage assets/joint assets).

In the explanation of Article 39 of the Marriage Law Junto Marriage Article 19 of Government Regulation Number 9 of 1975 it is stated that the reasons that can be used as the basis for divorce are:

  1. One of the parties commits adultery or becomes a drunkard, condensed, gambler and so on which is difficult to cure One of the parties leaves the other for 2 (two) consecutive years without the permission of the other party and without any valid reason or due to other reasons. others beyond his capabilities.
  2. One of the parties gets a prison sentence of 5 (five) years or a heavier sentence after the marriage takes place.
  3. One of the parties commits cruelty or serious abuse that is harmful to the other party.
  4. One of the parties suffers from a disability or disease which causes them to be unable to carry out their obligations as husband/wife.
  5. Between husband and wife there are continuous disputes and quarrels and there is no hope of living in harmony again in the household.