🧭 Region & Middle East · #56
An Indonesian wife wants to divorce in Indonesia. Is a husband's talak outside court recognised there?
No. In Indonesia, divorce can only take place before a court hearing after reconciliation fails; a talak outside the Religious Court is not registered and does not change official status.
Law (UU) No. 1 of 1974, Article 39 sets this principle. For Muslims, the husband applies to the Religious Court for permission to pronounce talak (cerai talak), while the wife files a divorce suit (cerai gugat), including khulʿ or for breach of the taʿliq. The grounds for divorce are set out in Government Regulation (PP) No. 9 of 1975, Article 19 and the Compilation of Islamic Law (KHI), Article 116. After the judgment, the parties receive a divorce certificate, and ʿiddah, mutʿah, child maintenance and custody are decided. Cross-border couples must make sure the divorce is recognised in both countries; consult a lawyer in Malaysia and an advocate in Indonesia. See Indonesia.
Law (UU) No. 1 of 1974, Article 39 sets this principle. For Muslims, the husband applies to the Religious Court for permission to pronounce talak (cerai talak), while the wife files a divorce suit (cerai gugat), including khulʿ or for breach of the taʿliq. The grounds for divorce are set out in Government Regulation (PP) No. 9 of 1975, Article 19 and the Compilation of Islamic Law (KHI), Article 116. After the judgment, the parties receive a divorce certificate, and ʿiddah, mutʿah, child maintenance and custody are decided. Cross-border couples must make sure the divorce is recognised in both countries; consult a lawyer in Malaysia and an advocate in Indonesia. See Indonesia.
Sources
Law (UU) No. 1 of 1974, Article 39Government Regulation (PP) No. 9 of 1975, Article 19Compilation of Islamic Law (KHI), Article 116