Foreign spouses experiencing domestic violence in Indonesia can seek temporary protection from the police and a protection order from an Indonesian court. These protections are available where the conduct falls within Indonesia’s domestic violence law.
What Is Considered Domestic Violence in Indonesia?
Domestic violence in Indonesia can include physical violence, psychological violence, sexual violence, and neglect within the household.
The law covers spouses and children, as well as certain relatives living in the household and people working in the household where the legal requirements are met.
Foreign spouses can use these protections. Indonesian citizenship is not required to seek protection under the domestic violence law.
What Immediate Protection Is Available?
After the police become aware of or receive a report of domestic violence, they are required to provide temporary protection within 1 x 24 hours. This temporary protection can last for up to seven days.
Within 1 x 24 hours after providing temporary protection, the police must request a protection order from the court.
Temporary police protection provides the immediate response, while a court protection order can remain in place for a longer period.
How Does a Court Protection Order Work?
A protection order can be requested by the victim. Indonesian law also allows certain other parties to submit an application, including the victim’s family, friends, police, an assisting volunteer, or a spiritual counsellor.
The application can be made orally or in writing. If another person applies on behalf of the victim, the victim’s consent is generally required, subject to limited exceptions under the law.
The court is generally required to issue its determination on the protection order within seven days after receiving the application.
A protection order can remain in effect for up to one year and can be extended. An application for an extension must be submitted seven days before the existing order expires.
What Happens if a Protection Order Is Violated?
The police can take action where there are grounds to believe that a protection order has been violated. The matter can also be brought before the court.
Continued failure to comply with the order can lead to stronger measures, including detention under the procedure provided by the domestic violence law.
What Evidence Can Support a Domestic Violence Case?
Medical records can be important where physical injuries occurred. Photographs, messages, recordings, witness statements, police documents, and other records may also help establish the alleged violence.
The absence of one particular type of evidence does not necessarily prevent a victim from reporting domestic violence or seeking protection.
Evidence of domestic violence may also become relevant in separate divorce or child-related proceedings.
Does Domestic Violence Affect Divorce in Indonesia?
A victim does not need to divorce before seeking protection, and obtaining a protection order does not end the marriage.
Domestic violence may, however, be relevant to divorce proceedings. Indonesian divorce rules recognize severe cruelty or mistreatment that endangers the other spouse as a ground that can support divorce.
For a foreign spouse, the correct divorce procedure will depend on the circumstances of the marriage and whether an Indonesian court has jurisdiction over the case.
Can Domestic Violence Affect Child Custody?
Domestic violence can be relevant to decisions involving children, particularly where the conduct affects the child’s safety or welfare.
It does not automatically mean that one spouse loses custody. Where domestic violence has involved or endangered a child, evidence of that conduct may become important in deciding the child’s care arrangements.
Does Domestic Violence Change How Marital Property Is Divided?
Domestic violence does not automatically give a victim a larger share of marital property.
Property division is governed separately by the property rules applying to the marriage and any valid prenuptial or postnuptial agreement. A protection order does not itself change ownership of marital assets.
What Happens if the Foreign Spouse’s Stay Permit Depends on the Marriage?
Reporting domestic violence or obtaining a protection order does not automatically determine a foreign spouse’s immigration status. However, separation or divorce can affect a stay permit obtained through marriage.
The consequences depend on the type of stay permit and how it was obtained. For example, divorce can affect a permanent stay permit obtained through marriage to an Indonesian citizen, although different rules can apply where the marriage has lasted 10 years or more.
A foreign spouse whose marriage is ending may need to address their immigration status separately from the domestic violence case.
Contact Jarji Zaidan & Partners About Domestic Violence and Protection Orders
Foreign spouses facing domestic violence in Indonesia can contact Jarji Zaidan & Partners for advice on protection orders and related family law matters. Email info@jarjizaidan-partners.com or contact us via WhatsApp at +62 821-9000-3273 or +62 813-1403-8907.
