A foreigner divorcing an Indonesian spouse does not need to ask the court to decide every disputed issue.
If both spouses agree on the legal and factual basis of an issue, they may be able to negotiate how it will be resolved. If they disagree over the legal status of an asset, custody of a child, or another issue that cannot be resolved by agreement, the court may need to decide it.
Which Divorce Issues Can Be Settled?
An agreement between the spouses does not itself terminate the marriage. Divorce in Indonesia must take place through the courts. Muslim divorces are handled through the Religious Courts, while non-Muslim divorces are generally handled through the District Courts.
Indonesian court mediation rules also recognize partial settlements. This allows parties to resolve claims on which they have reached agreement while proceedings continue over claims that remain contested. PERMA No. 1 of 2016 remains the applicable Supreme Court regulation governing court mediation.
Which Issues Are Better Left to the Court?
A court decision may be needed when the spouses disagree about an issue that must first be legally determined.
Marital property is one example. Under Indonesia’s Marriage Law, assets acquired during marriage generally constitute joint marital property. Assets brought into the marriage and assets received individually as gifts or inheritance generally remain under the control of the respective spouses, unless the spouses have agreed otherwise.
A dispute may arise, for example, over a house purchased during the marriage but registered only in the Indonesian spouse’s name. If the spouses disagree over whether the house forms part of their joint marital property, the dispute is not simply about how much each spouse should receive. The status of the asset itself must first be resolved.
Court determination may also be needed where one spouse disputes the existence or ownership of an asset or where the parents cannot agree on custody or financial support for their children.
What Changes When One Spouse Is a Foreigner?
If marital property is located outside Indonesia, the treatment or enforcement of an Indonesian agreement or judgment may depend on the law of the country where the asset is located.
Children can create a similar cross-border issue. If one parent intends to live outside Indonesia after the divorce, arrangements concerning custody, residence, international travel, and contact with the other parent may need to operate across two jurisdictions.
A foreign spouse whose Indonesian immigration status is based on the marriage must also address the immigration consequences of the divorce separately, including any applicable reporting or residence-permit requirements.
Contact Jarji Zaidan & Partners About Divorce in Indonesia
Jarji Zaidan & Partners advises foreign and Indonesian spouses on divorce settlements and contested proceedings in Indonesia. Contact us at info@jarjizaidan-partners.com  or on WhatsApp +62 821-9000-3273 / +62 813-1403-8907
