Divorce is never an easy decision, but when you and your spouse decide to part ways amicably, the process can be much smoother. In Indonesia, understanding the legal grounds for divorce and the regulations surrounding it can help make this transition as seamless as possible.
This post explores the legal aspects of divorce in Indonesia, including the division of assets, child custody, spousal support, and child support, according to the 1974 Marriage Law and the 1975 Government Regulation regarding Marriage.
Legal Grounds for Divorce in Indonesia
In Indonesia, the legal grounds for divorce are outlined in the 1974 Marriage Law. According to Article 39 of this law, a marriage can be dissolved by divorce for the following reasons:
Adultery. If one spouse is unfaithful, it is considered a valid reason for divorce.
Desertion. If one spouse leaves the other for a continuous period of two years or more without any valid reason.
Imprisonment. If one spouse is sentenced to imprisonment for five years or more.
Cruelty or Severe Misconduct. If one spouse treats the other with cruelty or engages in severe misconduct.
Chronic Illness. If one spouse suffers from a chronic illness or disability that makes it impossible to fulfill marital duties.
Constant Quarrels. If the couple experiences constant quarrels and disputes, making it impossible to live together harmoniously.
These grounds provide a legal framework for couples seeking to dissolve their marriage, ensuring that the process is based on valid reasons.
Division of Assets
The division of assets in an Indonesian divorce is governed by the 1974 Marriage Law and the 1975 Government Regulation regarding Marriage. According to these regulations, the division of assets depends on whether the assets are classified as joint property or personal property.
Joint Property. Assets acquired during the marriage are considered joint property and are divided equally between the spouses. This includes income, savings, investments, and any property purchased during the marriage.
Personal Property. Assets acquired before the marriage or received as gifts or inheritance during the marriage are considered personal property and remain with the original owner.
The division of assets aims to ensure fairness and equity, allowing both parties to move forward with financial stability.
Child Custody
Child custody is a crucial aspect of divorce, and Indonesian law prioritizes the best interests of the child. According to the 1974 Marriage Law, the court considers several factors when determining child custody:
Child’s Age. For children under the age of 12, the mother is generally given custody, unless it is proven that she is unfit to care for the child.
Child’s Preference. For children over the age of 12, the court may consider the child’s preference, although this is not the sole determining factor.
Parental Capability: The court assesses each parent’s ability to provide for the child’s physical, emotional, and educational needs.
The goal is to ensure that the child receives the best possible care and support, regardless of which parent is granted custody.
Spousal Support
Spousal support, also known as alimony, is designed to provide financial assistance to the lower-earning spouse after a divorce. In Indonesia, spousal support is determined based on several factors:
Length of Marriage. The duration of the marriage plays a significant role in determining the amount and duration of spousal support.
Financial Needs. The court considers the financial needs and earning capacity of both spouses.
Standard of Living. The standard of living during the marriage is taken into account to ensure that the lower-earning spouse can maintain a similar lifestyle.
Spousal support aims to provide financial stability and support to the spouse who may be at a disadvantage after the divorce.
Child Support
Child support is another critical aspect of divorce, ensuring that the child’s needs are met even after the parents separate. According to the 1974 Marriage Law and the 1975 Government Regulation regarding Marriage, child support is determined based on the following factors:
Child’s Needs. The court assesses the child’s needs, including education, healthcare, and daily living expenses.
Parental Income. The income and financial capacity of both parents are considered when determining the amount of child support.
Shared Responsibility. Both parents are responsible for providing financial support for their child, regardless of who has custody.
Child support ensures that the child’s well-being is prioritized and that both parents contribute to their upbringing.
Final Thoughts
Divorce is undoubtedly a challenging process, but when both of hou approach it with a spirit of cooperation and understanding, it can be much smoother.
In Indonesia, the legal grounds for divorce, division of assets, child custody, spousal support, and child support are all governed by the 1974 Marriage Law and the 1975 Government Regulation regarding Marriage.
By understanding these regulations and working together, couples can navigate the divorce process with greater ease and ensure that their transition to a new chapter in life is as seamless as possible.
Our thanks to Asep Wijaya, Managing Director of Wijaya & Co for sharing this information with us
