A spouse can oppose a divorce in Indonesia if they do not want the marriage to end, but their opposition does not automatically prevent the divorce. This applies to both sides of a foreign-Indonesian marriage: a foreign spouse can oppose proceedings brought by their Indonesian husband or wife, and an Indonesian spouse can oppose proceedings brought by their foreign spouse.
Can Your Spouse Divorce You in Indonesia Without Your Consent?
Your spouse can obtain a divorce in Indonesia without your consent if they establish a legally recognized ground for divorce. Refusing to agree to the divorce does not, by itself, prevent the court from ending the marriage.
Recognized grounds include adultery, abandonment for the required period, imprisonment for the required period, cruelty or serious mistreatment, disability or illness that prevents a spouse from fulfilling marital obligations, and continuous disputes and quarrels with no reasonable prospect of restoring a harmonious household. Additional grounds apply to Muslim marriages.
How Can You Oppose a Divorce in Court?
The spouse opposing the divorce can dispute what the other spouse says happened and whether it is enough to justify a divorce under Indonesian law.
For example, in a Muslim divorce based on continuous disputes and quarrels, the opposing spouse can argue that the problems are not as serious or continuous as claimed. Current Supreme Court guidance for Religious Courts also generally requires the couple to have lived separately for at least six months before a divorce can be granted on this ground, unless domestic violence is established.
The opposing spouse can also challenge whether the case was filed with the correct court and whether requirements such as properly summoning the other spouse have been followed.
Can Reconciliation Prevent Divorce?
Reconciliation can prevent divorce if both spouses agree to continue the marriage. If only one spouse wants to reconcile, however, that does not by itself stop the divorce proceedings.
Indonesian courts must attempt to reconcile spouses in divorce proceedings. Where both parties attend, and the case is subject to mediation, they will generally be required to go through court-connected mediation before the divorce case continues.
Can a Divorce Continue if the Foreign Spouse Is Overseas or Does Not Participate?
A foreign spouse’s absence from Indonesia does not necessarily prevent an Indonesian divorce case from continuing.
If the court has jurisdiction and the respondent has been summoned in accordance with the applicable procedure, failure to participate does not give that spouse the ability to prevent the divorce simply by remaining absent.
A foreign spouse living overseas may appoint an Indonesian lawyer to represent them in the proceedings, subject to the requirements applicable to the stage of the case. For mediation, the general rule is personal attendance, but residence or domicile abroad is recognized as a valid reason for absence, allowing an authorized lawyer to represent the party.
Need to Oppose a Divorce in Indonesia? Contact Jarji Zaidan & Partners
Jarji Zaidan & Partners advises foreign and Indonesian spouses on contested divorce proceedings in Indonesia. Contact us at info@jarjizaidan-partners.com  or on WhatsApp +62 821-9000-3273 / +62 813-1403-8907.
