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.