Required Documents
Plaintiff's Identity Card (KTP)
Family Card (Kartu Keluarga)
Marriage Certificate / Marriage Book
Child's Birth Certificate
Processing Duration
3 - 6 Month
Legal Fees
IDR 12–20 Million
(Depending on the level of opposition, complexity of the case, religion, and duration of the court proceedings.)
The Fee Until the Court Decision Includes
Court Registration Fees
Transportation Costs
Legal Consultation Fees
Legal Advice Fees
Divorce Petition Drafting Fees
Document Legalization and Printing Costs
Court Decision Collection Fees
Registered married couples are required to obtain a divorce through the court, as a court decision is required for the divorce to have legal validity.
The divorce petition must officially be submitted to the court through a written notice or statement of claim. The petition generally consists of the following:
Identity of the Parties – The identity of both the plaintiff and the defendant.
Posita – The facts, legal grounds, and reasons supporting the divorce petition.
Petitum – The specific relief or requests that the plaintiff asks the judge to grant.
Divorce proceedings for non-Muslim couples are governed by Law No. 1 of 1974 concerning Marriage, while Muslim divorce proceedings are subject to the applicable provisions of Islamic Law Compilation (Kompilasi Hukum Islam).
Grounds for Divorce
Under Article 39 paragraph (2) of Law No. 1 of 1974 concerning Marriage, grounds that may be used as a basis for divorce include:
One of the parties has committed adultery.
One of the parties has abandoned the other party for two consecutive years without permission.
One of the parties has been sentenced to imprisonment for five years or more after the marriage took place.
One of the parties has committed cruelty or severe mistreatment.
One of the parties has suffered a physical disability or condition that prevents the fulfillment of marital obligations.
Continuous disputes and conflicts have occurred, with no reasonable expectation that the couple can live together harmoniously.
Legal Consequences of Divorce
Under Article 41, custody of a child who is under 12 years old is generally granted to the mother. Once the child is considered capable of making a choice, the child may choose whether to be cared for by the father or the mother.
The father is responsible for the costs of the child's maintenance and education. If the father is unable to fulfill this obligation, the court may determine that the mother should also contribute to these expenses.
Under Article 119 of the Indonesian Civil Code and Law No. 1 of 1974 concerning Marriage, marital or jointly acquired property is subject to division between the husband and wife upon divorce.
Jurisdiction of the Divorce Court
For non-Muslim divorce proceedings, jurisdiction generally lies with the court whose territorial jurisdiction covers the defendant's place of residence.
Accordingly, a divorce petition should generally be filed with the court in the area where the wife currently resides.
If the defendant's place of residence is unclear, unknown, or the defendant frequently changes residence, the divorce petition may be filed with the court having jurisdiction over the plaintiff's place of residence.
A divorce judgment may have declaratory, constitutive, and condemnatory characteristics, depending on the matters decided by the court.
The Role of a Divorce Lawyer
Our divorce lawyers can assist clients throughout the divorce process, including:
Protecting and Pursuing Your Legal Rights
Including matters concerning child custody, financial support, and division of marital assets.Legal Representation
Providing legal representation and assistance to clients in pursuing their rights throughout the divorce proceedings.Legal Research
Conducting legal research based on relevant legislation and legal materials, including the Marriage Law and applicable Government Regulations.Drafting the Divorce Petition
Preparing and formulating the divorce petition based on Law No. 1 of 1974 concerning Marriage and Government Regulation No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage ("PP No. 9/1975").Providing Legal Advice
Providing legal advice concerning the rights that may arise from the divorce, in accordance with applicable laws and regulations.Ensuring the Protection of Legal Rights
Assisting clients in ensuring that their legal rights are properly addressed based on Law No. 1 of 1974 concerning Marriage and Government Regulation No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage ("PP No. 9/1975").
We are Family Law Legal Consultants
Connect directly with our legal team via WhatsApp to receive information and consultation regarding your divorce proceedings.
Contact Us
Kantor Pusat Jakarta
Menara BCA Lantai 50
Jl. M H Thamrin No. 1,
Menteng, Jakarta Pusat.
Email
info@hukkel.com
Alamat Kami
Kantor Cabang Bali
Benoa Square Lantai 2
Jl. By Pass Ngurah Rai No. 21 A
Kedonganan, Kuta, Badung, Bali.
Nomor Rekening Kami hanya atas nama Christina Minar Magdalena Pangaribuan.
Bukti transfer selain Nomor Rekening atas nama Christina Minar Magdalena Pangaribuan bukan menjadi tanggung jawab Kami dan tidak akan diproses.