Category Archives: Motherhood

Legal Separation for Your Divorce in Indonesia

Legal separation can be the basis for getting your divorce in Indonesia. When you’ve been living separately from your spouse for more than four (4) years, even though you never had a fight, it is the symptom of having disagreement in your marriage. Therefore, it can be used to dissolve your marriage. This is applicable for both Indonesians, mixed-marriage couples, and foreigners. In another words, it is applicable to those who submit themselves voluntarily to the Indonesian legal system.

The idea behind this issue was the Indonesian Supreme Court’s verdict in the year 2000. It became a precedence and may be used by the lower courts to try similar cases. The precedence was verdict number 1354/K/PDT/2000. The legal doctrine retrieved from this verdict is: “A husband and wife who have separate residence for 4 (four) years and not caring each other is the fact that there is turnmoil and strife and no hope to live in harmony in the household. This can be a reason to grant a divorce application.”

Furthermore, the precedence and its applicable situation may be best applicable with Irreconcilable Differences as one of the legal grounds to dissolve a marriage as set-out by the Marriage Law. Some people see irreconcilable differences in the form of quarells, oral disputes, or continuing disagreement that may be seen in public. This Precedence allows you to dissolve your marriage even none of your witnesses saw you had a fight.

Well, the Precedence sure can make you move on with your live. But then again, whatever made you live separately all these times, you may come to a conclusion that time heals all wounds. You might want to give her a call and see if you can make things move forward. I do believe that everyone deserves a second chance. On another hand, I also believe some things may be better left behind. It’s your call. As for those who decided to put all these behind you, it’s time to get on with your live and wrap everything up. Indonesian legal system may be the solution for your situation if you are a resident in Indonesia, if your marriage was registered in Indonesia, or if your spouse is an Indonesian citizen. Access to the legal system is not easy sometime, but it’s not personal attack on you. The information in this post might be helpful to those who wish to get on with their lives. Feel free to forward it to keep everyone in the loop. Thank you for helping me spread the access to the legal system in Indonesia.

Our thanks to Asep Wijaya, Managing Director of Wijaya & Co.

Step Parent Adoption: Keeping Your Family connected Both Legally & Emotionally

Step parent adoption in Indonesia is not business as usual. This is the proceedings that they don’t see everyday. Once, I had this quite long argument with a fellow legal practitioner at a district court. The final words she said to me were that we don’t have any legal ground for this proceeding. Do we? Can she do that? Turning down a case by reason of the absence of legal ground? Well, obviously we weren’t born the same. Shall we go over the rest of them?

First of all, judges are not allowed to deny a case by reason of no legal ground. They are suppose to know that, better than anyone who come to them. In fact, the 2009 Judiciary Power Law Article 10 (1) imposed that: “The Court is prohibited to refuse to examine, to try and to judge a registered case by reason that the law does not exist or unclear, but to try and judge it.” There, the law said it. This may be a door for your motions in the step-parent adoption petition you lodge to a district court. This means that the judges must explore, follow, and understand the values of law and sense of justice living in the community. On the other hand, the lawyers must also supply the court by digging-up legal grounds to support the case. Usually, this thing conducted to make the decision making easier.

Second, the step parent adoption is meant to get your family feel connected both legally and emotionally. When your spouse brings a child from previous marriage, you need to make sure he/she feels as comfortable as you do in living your new life: your marriage. As the step-parent, it is you that posses the control in keeping your family intact. You need to use it. You need to make sure that every child in your family is mommy and daddy’s little girl. Nobody should ever feels being treated differently. It comes with the package. By adopting your step child legally, it means that you are sharing your spouse’s responsibility. When you’re taking care someone sincerely, you will also be taken care by others. It’s just the reciprocal things that happens in life. No one will show any affection toward you if you’re only take care of yourself. I do understand that child from previous marriage might be a potential issue for your marriage, but take this from me: you better get the issue handled before it went beyond your control. As I said before, the solution for this is by finding the way in. It means that you need to dive deeper by taking everybody in your family stays intact and get them feel connected emotionally. Remember, you dance the music you play!

Last but not least, as a family law attorney I would say that you need to put all of your efforts to make your marriage works. It’s your life, your spouse, and it’s your children! You’ve got to make them stick together, to you. Not to the ex. Things might not working well in the beginning, but you’ll get there soon or later. Talk to your spouse about this idea. Make sure the idea comes from you, and see how he reacts. The most important thing in life is family. In the end, it’s not what you have, it’s who you have. So, reach them now and keep them in your arms. Many families aren’t aware that the proceeding even exist. Tell them such thing is available in Indonesia. You just have to forward this information to them, not just to enable them to access the legal system in Indonesia, but also to make their families intact and connected. Thank you for helping me spread the access to the legal system in Indonesia.

Our thanks to Asep Wijaya, Managing Director of Wijaya & Co.