What You Should Know before You File for Divorce: Absolute Court Jurisdiction

Wijaya
Saturday, 05 September 2009 08:46
12200

When you have decided to file for a divorce against your spouse, one of the legal issues that you should pay attention to is court jurisdiction. I mean you must know what and which court that responsible for your case. Failure to do so will cause your divorce petition rejected. Therefore, it is the first important thing you should know before you proceed any further.

Type of Courts

There are two (2) type of courts related to divorce cases i.e. religious court (so called “pengadilan agama”) and district court (so called “pengadilan negeri”). Most of the courts located in every town which in Indonesia also known as “walikotamadya” or “kabupaten”. We call this differentiation as Absolute Court Jurisdiction.

How to determine?

The type of your ceremony when you got marry is to determine which court is responsible for your case. If you were married in Moslem, then your marriage was registered with the Office of Religious Affairs (so called KUA/Kantor Urusan Agama). Therefore, when you’re filing for divorce, your divorce petition must be registered at the local religious court. If you were married in Non-Moslem ceremony i.e. Christian, Hindu, or Budhist, then your marriage was registered with the civil registry office. Therefore, your divorce petition must be registered at the local district office.

Court jurisdiction is one of the things that related to your divorce case in Indonesia. For further information, you must consult an attorney with experience handling family and matrimonial law in Indonesia.

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Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us!

Wijaya

My name is Asep Wijaya. I am an attorney. This article is about my works in the field of law I have been doing regarding legal issues in international civil law in Indonesia. You may use my articles without permission as long as you mention my name, the article tile, and our website address.

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