Jumat, 15 November 2019

How to submit a divorce lawsuit in Indonesia


By:
Mahmud Kusuma, S.H., M.H.

Why do you need to read this article?

1. You come to the right source if you want to get interesting information about how to file a simple Divorce Lawsuit.
2. You do not need to come to court, do not need to bear the social burden by appearing in court, just read this article!

3. Why the Indonesia territory? Because our team lives and practices law in Indonesia territory on a daily basis. There are so many courts in Indonesian territory. For example in Jakarta province, there are at least 10 (ten) Courts in this area. First is the Central Jakarta District Court, Second is the Central Jakarta Religious Court, Third is the West Jakarta District Court, Fourth West Jakarta Religious Court, Fifth South Jakarta District Court, Sixth South Jakarta Religious Court, Seventh East Jakarta District Court, Eighth Jakarta Religious Court East, Ninth North Jakarta District Court, and Tenth North Jakarta Religious Court.

4. The information presented is easily understood by people who are laymen of the law, free and only takes ± 10 minutes to understand the legal steps that you will take, read to completion. And has been tested in practice!

5. Without being disadvantaged Brokers and do not need to pay Advocate rates that are not affordable by all groups.

6. Can be used as valuable information in filing a simple divorce suit independently. By filing a lawsuit independently, you can save costs. The cost of filing a lawsuit independently is VERY CHEAP. Only covers official and personal operational costs.

7. Accompanied by examples as concrete attachments, so you can measure the success of the effort being made.

A. PREPARATION PHASE

- To 'What Court' do I have to register?

The answer to this question is closely related to someone religion. If the answer is Muslim, then register with the Religious Court, if Non-Muslim, then register to the District Court. Do not be mistaken, because there are various kinds of justice, including the State Administrative Court, Military Court, Commercial Court, and others.

- 'Which court' do I have to register with?

The answer to this question relates to someone domicile. If you are a woman and live in the Depok area, then register in the Depok Religious Court. If you are a man, then the lawsuit is registered in the Court surrounding the place where the wife is domiciled. So if you are a husband living in South Jakarta, and your wife has separated and lives in Cengkareng, then the lawsuit must be registered in the West Jakarta Religious Court. Unlike those who are non-Muslim, the lawsuit is registered at the Defendant's place of domicile. This means, if you are a plaintiff, both from the wife and husband, the lawsuit is registered at the place of the Defendant's domicile, whether it is the husband or wife. What if I am the plaintiff domiciled abroad? The answer is you immediately go home to take care of the lawsuit in question, if you feel the interests of Overseas are more important, then hire a Lawyer. And it must be remembered that the Office of Religious Affairs (KUA) where you are married has no legal correlation with the filing of the lawsuit. In short, the matter of divorce is in the Court, not the Office of Religious Affairs (KUA). Please access the following list and address of Religious Courts throughout Indonesia. 

- Duration of Lawsuit in Court

How much time does it take in the trial process in Court? As stipulated in a circular from the Supreme Court, the handling of a case must be completed before six months. However, in practice it can be faster or slower, because it is influenced by many things. Depending on the case by case.

- Basic Documents that Need to be Prepared

There are only two legal documents that you need to prepare when you want to file a divorce suit.

1. First is the Marriage Book; and
2. Second is self-identity.

Make sure the marriage book in your hands, because this is the main document and must exist. What if the marriage book is lost, scattered, in the mastery of his wife / husband, etc.? The solution comes to the Office of Religious Affairs (KUA) where you used to have a wedding, and ask for a copy.

- Making a Lawsuit

A claim is an absolute requirement when you want to file for divorce. The Lawsuit basically contains only two (2) descriptions, namely the Arguments / Reasons (Posita) of the Lawsuit and the Request / Request (Petitum) of the lawsuit. Keep in mind that a Lawsuit is a legal document that must meet technical requirements, so that not everyone is able to make it. Avoid the consequences of not meeting the technical requirements of the law in question, the legal consequences can be fatal, your lawsuit can be rejected, or the lawsuit may be vague, or it can also be unacceptable. Avoid losses by leaving them to those with good procedural law competence. Related to Making a Lawsuit see the end of this article.

B. THE LAWSUIT REGISTRATION STAGE

- How to register a Lawsuit?

Follow the steps below:

First, photocopy of your lawsuit ± seven (7) copies, with details of three copies for the panel of judges, one copy for the Defendant, one copy for the Substitute Registrar, one copy for the Mediator, and one copy for you as an archive. Prepare also a photo copy of your identity.

Second, prepare a soft copy of your lawsuit on DVD or VCD. Ask your soft copy data file to be burned to DVD or VCD at the computer rental or photo copy site.

Third, come to the relevant Religious/District Courts and face the Lawsuit Registration section, submit the file as mentioned above, and the officer will provide a Blank Payment Case Blank to the designated Bank along with the nominal that must be paid. Consider the following example of a Bank Deposit Slip:
As for the nominal cost of down-payment cost is vary, it generally depends on the distance of the calling areas of the parties, but as a rough estimate in the range of one million Rupiahs, it can be less or more.

Fourth, to the designated Bank Counter to pay a certain amount of costs as specified, then you will receive a kind of Slippage of Payment on the down-payment.

Fifth, after making a payment at the designated Bank, then to the Cashier's Counter, submit the Payment Slip for the down-payment Fee from the designated Bank to the Officer, then you will get the Case Pays Payment Receipt issued by the Court. Consider the following example:
Sixth, after that return to the Case Registration Counter, and submit the Receipt referred to the Officer. The clerk will proceed further and a Case Register Number will be issued, for example: 2678 / Pdt.G / 2019 / PA Tgrs. This means your case number is '2678' (two thousand six hundred seventy eight), with the type of case being 'Lawsuit', the year of registration is "2019", registered with the 'Tigaraksa Religious Court'. In practice, it is usually in the form of a stamp on the first sheet of a lawsuit containing the case number registration blank. The examples are as follows:
Seventh, by getting the case register number, the lawsuit registration process has been completed, you are allowed to go home. After that, the Released Interlocutors will send a Court summons (Relaas) to the Plaintiff or Defendant within a maximum period of ± one month. The following is an example of a Notice of Session (Relaas):
C. TRIAL STAGE

- First trial

After you received a summons from the relevant Court, the next is to arrive according to the prescribed trial schedule, ask the Court official in the room where the court judge is in your case, and if for the sake of orderly proceedings note whether it is necessary to take the queue number or not, the smaller your queue number, the more morning the session starts. Consider the following example:
After being called the trial queue number, or case number, or your name, enter the courtroom, sit politely and listen to the Panel of Judges. In this first hearing, it generally contained the summons of the Parties, checking the identity of the Plaintiff and Defendant and asking the purpose of the lawsuit. If the Plaintiff and Defendant are present, the hearing will proceed to Mediation. If one of the parties is absent, another call will be carried out until the call is valid and proper. If the Defendant is absent after a valid and proper summons, the proceedings of the trial will proceed to the evidentiary agenda and the case will be decided without the presence of the Defendant (Verstek's decision). Conversely, if the Plaintiff is absent, then the lawsuit is categorized as null and will be dropped from the registration of the case number.

In the event that the Plaintiff and Defendant are present, the panel of judges will order the mediation process (peace efforts) first, and generally the panel of judges will appoint a mediator. The Plaintiffs and Defendants must then appear before a Mediator who has been appointed to carry out a mediation process. The Mediator and Plaintiff and Defendant then determine the date of mediation.

- Mediation

On the appointed day, the Plaintiff and Defendant must be present in person to carry out the mediation process. Generally the mediator will ask about the household problems faced by the Plaintiff and the Defendant, and why there is a desire to divorce, after that the Mediator must try to reconcile the Plaintiff and the Defendant to reconcile. If the result is peace, then the lawsuit must be revoked, and the Plaintiff and Defendant are referred. If peace is not achieved, then the trial is continued to the Panel of Judges so that the Principal Case is continued. Whatever the outcome of the mediation process, then later administratively within the Court will be processed and submitted by the Mediator to the Panel of Judges who hear the case, and in the next session will be confirmed by the Panel of Judges to the Plaintiff and Defendant regarding the mediation results. After this, the trial will be postponed to the day and date specified.

- Defendant's answer

In the event that peace is not reached during the mediation process, the session continues to the next agenda, namely Defendant's Answer. The Defendant's answer is a letter submitted by the Defendant, the contents of which are the acknowledgment or denial from the Defendant against the letter submitted by the Plaintiff. In the form of a letter, the defendant's answer is the same as the Lawsuit, containing the arguments / reasons (Posita) and Requests (Petitum) from the Defendant. However, it is important to note that the contents of the Defendant's Response Letter in general are the opposite of the Plaintiff's arguments, generally containing the denials / objections to the Plaintiff's arguments. After the Defendant submits the Answer, the trial will be postponed by approximately one or two weeks to enter the next agenda, namely Plaintiff's Replicas.

- Plaintiff's Replic

A Replic is a Reply Letter for the Response from the Defendant. The Replic is from the Plaintiff. So this litigation process can also be described as a kind of answer process in an orderly manner taking turns. What is the contents of the Replic? Replic is a refutation or acknowledgment from the Plaintiff against the Defendants' arguments / reasons contained in the Answer. After the Plaintiff submits a Replic, the trial will be postponed approximately one or two weeks to enter the next agenda, namely Duplic.

- Defendant's Duplic

Duplic is a Letter from the Defendant to respond to the Replic's from the Plaintiff. Like the Replic, the Duplic contains arguments or reasons from the Defendant to acknowledge or refute the reasons stated by the Plaintiff as contained in the Replic. In general, after the Duplic event, the answer process has been completed, and will be included in the agenda of the next session, which is proof. Then after the Defendant submitted Duplic, the trial will be postponed by approximately one or two weeks to enter the next agenda, namely Proof.

- Proof Session

Proof Session can be interpreted as a trial session that functions to cross-check the suitability of the arguments / reasons of Plaintiffs (from the Plaintiff) and the Answer (from the Defendant) with evidentiary tools as regulated by law. In general, the evidence used was a letter and a witness. Letters can be in the form of Deed and Letters under the hand. Whereas a witness is a person who sees or hears an event himself. Thus, in a simple divorce case, generally the evidence that must be prepared is:

1. The Plaintiff's identity, for example ID Card;
2. Marriage Book;
3. Witness, a minimum of two (2) people.

Regarding letter evidence, 'Leges' (legalized) must first be conducted at the Large Post Office ('Leges'  (legalized) can only be done at the Large Post Office, usually at the city center, both at the Regency and City / Municipality level). The trick is to photocopy the first KTP and Marriage Book, then buy and paste the stamp stamp Rp. 6000, - and appeared before the 'Leges' (legalized) Post Office Officer asking for a clarification. Consider the sample marriage book that has been licensed as follows:
A photocopy of the evidence of the letter that has been legalized and then taken at the time of the evidentiary session along with the original to be presented to the Panel of Judges. Regarding Marriage Certificate, both the Plaintiff and Defendant, it must be submitted to the Panel of Judges, in the event that the Lawsuit is Granted, it will be replaced with a Divorce Deed. Also prepare a photocopy of the identity of the witnesses that will be submitted, this will be requested by the Panel of Judges. Even in a number of Religious Courts whose practice has been orderly, it also requires the Plaintiff and Defendant to fill in the forms of witnesses to be submitted, complete the form in full.

- Conclusions

After the Plaintiffs and Defendants proved the arguments of the Lawsuit and Their Answers through evidence, both letters and witnesses, the agenda of the trial entered the Conclusions. The conclusion is a kind of outline of the views of the Parties (Plaintiffs and Defendants) on the Material and Process of the Trial which is set forth in the form of a letter. Although the conclusion agenda is not mandatory, in practice lawful conduct is often held. After the Plaintiff and Defendant submit their conclusions, the trial will be postponed to approximately one or two weeks, the Panel of Judges examining the case will conduct an internal deliberation, the next hearing will be the Decision.

- Verdict/Court Decision

The decision can simply be interpreted as the view of the judges from a legal perspective to decide / settle a case. In general, related to a lawsuit filed by the Plaintiff, the Panel of Judges may grant a claim, grant part of it, or even reject a claim. In fact, almost 90% of divorce lawsuits filed in the Court were granted by the Panel of Judges. After the Panel of Judges reads the verdict, there will be no other trial process. The Parties are just waiting for a copy of the Decision and Divorce Deed. The time-frame between the hearing of the Verdict and the issuance of the Decision Copy and the Divorce Deed is greatly influenced, among others, by the Notification of the Content of the Decision to Parties not present on the agenda of the Decision hearing. The average time period is one to one and a half months, but it can also be faster than that.

D. STAGE AFTER DECISION

- Legal effort

In the event that the Plaintiff and /or Defendant are not satisfied with the Decision of the Religious/District Court referred to, then within a period of 14 (fourteen) days, both the Plaintiff and Defendant may declare Appeals. And if they are still not satisfied with the Decision on Appeal, the Parties may submit an appeal for cessation and so on. In the event that the Defendant does not feel summoned by the Court and the case is dismissed without the presence of the Defendant (Verstek decision), the Defendant can conduct Verzet, or simply ask the Court to have the Case opened and re-examined from the beginning.

- Permanent Legal Verdict

In the event that the Plaintiff and Defendant do not make legal remedies (Both Appeals and Cessation), or the Plaintiff and Defendant have finished making an appeal or Cessation legal remedy, the case becomes permanent legal force (inkracht). Simply stated, and the case is over.

- Retrieval of Court Decision and Divorce Deed

In the event that the Case has been dismissed, the Plaintiff and Defendant may take a copy of the court's decision. Consider the example copy of a court decision as follows:
And in the event that the Case has permanent legal force, both the Plaintiff and Defendant can take the Divorce Deed. The following is an example of a Divorce Deed:

In the event that the Case has been severed and has permanent legal force, the Plaintiff and Defendant may take both. The way to take a copy of the Decision is to mention the case number at the Religious Court counters for that, then the officer will check whether the case has been terminated and has permanent legal force, if it has broken up or has permanent legal force, then a copy of the decision and the Deed of Divorce will be given, firstly used to pay official administrative costs at the cashier. Unlike those who are Muslim, for those who are non-Muslim after obtaining a copy of the decision from the District Court, the next step is to take care of the registration at the relevant Civil Registry Office, follow the terms and procedures until the Divorce Deed is issued. With the issuance of a copy of the decision and divorce certificate registered with the court, you will avoid the danger of using fake legal documents. The legal status of your marriage becomes clear. Congratulations! You have attained widower / widow status. Your case is finished, case closed!

Read the article in Bahasa version: "Gugatan Cerai di Jakarta". 

E. MAKING A LAWSUIT

Has been discussed above that the Lawsuit is a document that must meet the legal technical requirements, so that not everyone has the competence in making it. And also all legal document using Bahasa Indonesia to be valid.

Avoid speculating by copy-pasting by sampling examples of lawsuits on the internet that have no guaranteed accuracy of their success.

You also do not need to appear at the nearest Religious Court and enter the queue at the Legal Aid Post (POSBAKUM) to obtain Legal Aid Institutions (LBH) services that are very minimal and require extra patience. With our help, you can file lawsuits freely and independently.

We answer your legal problems, send us the following data:
  1. Photo/scan of your Marriage book (clear);
  2. Photo/scan of your identity card (clear) and complete address, including House number, RT/RW, Village, Subdistrict, District and Province;
  3. Photo/scan of identity card (clear) and complete address, including House number, RT/RW, Village, Subdistrict, District and Province the last Defendant is Domiciled;
  4. Photo/scan of birth certificate (if you already have offspring).
Write down the reasons for your Divorce (maximum three), Select the following reasons, including:
  • One party commits Adultery, a drunkard, a compactor, a gambler who is difficult to cure;
  • One party leaves the other party for 2 (two) consecutive years without permission and without valid reasons or for other reasons beyond his ability;
  • One of the parties received a sentence of 5 (five) years in prison or a heavier sentence after the marriage took place;
  • One of the parties has a bodily disability or disease with the result of not being able to carry out their obligations as husband / wife;
  • Between husband and wife, there are continual disputes and quarrels (for example, slapping, hitting, harsh words such as 'animals' or 'supernatural beings'), and there is no hope of living in harmony anymore;
  • Husband / wife converts to other religion;
To e-mail address: mahmud_igorcik@yahoo.com or hukumindo@yahoo.com, we will respond and complete your request to make your lawsuit within a maximum of 24 hours from the time we receive it. Only the complete and clear will be processed, communication via e-mail to be well documented. Communication via the WhatsApp (WA) application can be done after we receive your request, we will put the mobile number (HP) in the reply e-mail.

The completed lawsuit will be sent to your e-mail address in Word format, then you can download it and burn it to DVD or VCD, and print it. So that the next day as you scheduled, the lawsuit can be registered at the intended Religious/District Court.

Also include a request to file a lawsuit and this will be subject to a fee, related to the account number will be provided later, and we will prepare your divorce suit. Confidential and guaranteed by certified and sworn legal practitioners. And it should be noted that this program only serves the making of a lawsuit, legal services outside of it can be communicated via e-mail in question.

And if you still feel heavy, don't have money or there are other reasons that cannot be stated, we provide a free tutorial that you can 'click' on below, which is:


- Disclaimer: Site only contains legal information, provided as general information for educational purposes. Use of any information contained on this site is entirely at your own risk and responsibility.

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