Filing for divorce in Indonesia requires a formal legal process. Because divorce must go through the court, you need to understand every step clearly. This guide explains the legal basis, required documents, court procedures, and timelines so you can prepare with confidence.
Legal Basis for Divorce in Indonesia
Law Number 1 of 1974 regulates the divorce process. Article 39(1) states:
“Divorce shall only be conducted before a court after the court has tried and failed to reconcile the parties.”
This rule means that Indonesia only recognizes a divorce issued through a court decision. Any divorce conducted outside court carries no legal effect. In addition, the court requires a clear legal reason. You cannot file for divorce based only on mutual agreement. The spouse who files the petition must present valid grounds and evidence.
Step-by-Step Guide: How to File for Divorce in Court
1. Identify the Type of Marriage
Your marriage type determines the court:
- Islamic marriages → Religious Court (Pengadilan Agama)
- Non-Islamic marriages → District Court (Pengadilan Negeri)
Check your marriage certificate to confirm:
- Marriage book issued by KUA → Islamic marriage
- Civil marriage certificate issued by Disdukcapil → Non-Islamic marriage
2. Determine the Correct Court Location
The filing location follows these rules:
- Islamic divorce → file at the Religious Court where the wife lives
- Non-Islamic divorce → file at the District Court where the defendant lives
Filing in the wrong court can cause delays or case dismissal.
3. Draft a Divorce Petition with Legal Grounds
A divorce petition contains the full identities of both spouses and the legal reasons for divorce. Common grounds include:
- Adultery
- Domestic violence
- Abandonment
- Gambling or addiction
- Long-term disputes
- Financial problems
You may also include requests for:
- Child custody
- Child support
- Spousal support
- Division of marital property (gono-gini)
For Islamic divorces, the court often checks whether the couple has lived apart for at least six months.
4. Register the Divorce Case
You can file the case in two ways:
- Offline: Visit the court’s service desk (PTSP).
- Online: Use the e-Court system. You must activate your account before filing online.
5. Pay the Court Fees
After registration, the court will issue your payment details. You can pay:
- At the court cashier (offline)
- Through a virtual account (online e-Court)
6. Prepare the Required Documents
Islamic Divorce (Pengadilan Agama)
- Plaintiff’s ID (KTP or Passport)
- Defendant’s address
- Marriage book from KUA
- Birth certificate of the child (if applicable)
- Family card (KK)
- Property documents (if claiming gono-gini)
- Two witnesses
Non-Islamic Divorce (Pengadilan Negeri)
- Plaintiff’s ID
- Defendant’s address
- Civil marriage certificate (Disdukcapil)
- Birth certificate of the child
- Family card (KK)
- Two witnesses
Having complete documents helps the court process the case efficiently.
7. Receive the Court Summons
The court sends an official summons (relaas) within 1–2 weeks. Both spouses must attend the hearings unless valid reasons exist.
8. Attend Court Hearings
A divorce trial usually follows these stages:
- Identity verification
- Mediation
- Reading of the petition
- Defendant’s reply
- Plaintiff’s rebuttal
- Defendant’s counter-rebuttal
- Submission of evidence
- Witness examinations
- Final statements
- Verdict
Each session moves the case forward, so attendance is important.
9. Divorce Timeline
The duration depends on the case:
- 3 months: if the defendant never attends (verstek)
- 4–5 months: if both spouses attend and present evidence
Cases involving property or custody may take longer.
10. Collect the Divorce Certificate (Akta Cerai)
- Islamic divorce: The Religious Court issues the divorce certificate.
- Non-Islamic divorce: Disdukcapil issues the certificate after the court decision becomes final.
You must present the court’s final judgment (putusan inkracht) during collection.
Hire a Divorce Lawyer from Legal Keluarga
Legal Keluarga assists clients throughout the entire divorce process. Our lawyers help you:
- File and register the case
- Prepare evidence and witnesses
- Attend hearings
- Claim your legal rights, including custody and property division
Professional guidance ensures an efficient and legally valid divorce process.
Contact Legal Keluarga
📞 WhatsApp: 0813-8968-6009
📧 Email: klien@legalkeluarga.id
Legal Keluarga is ready to support you with a clear and structured divorce process in Indonesia.
