A foreign spouse facing domestic violence in Indonesia can seek temporary protection from the police and a protection order from an Indonesian court. What is commonly called a “restraining order” in some countries is handled through these protection measures under Indonesian domestic violence law.
Starting the Protection Process Through the Police
A victim can report domestic violence directly to the police. The report can be made to the police where the victim is located or where the violence occurred.
If the victim cannot make the report personally, Indonesian law also allows the victim to authorize a family member or another person to report the violence.
Once the police know about or receive a report of domestic violence, they must provide temporary protection within 1 x 24 hours. This protection can last for up to seven days.
The police must also request a protection order from the court within 1 x 24 hours after providing temporary protection.
Applying for a Court Protection Order
The victim does not have to be the person who submits the application. A protection order may also be requested by the victim’s family, a friend, the police, an assisting volunteer, or a spiritual counsellor.
Where one of these parties applies for the victim, the victim’s consent is generally required. Indonesian law allows an application without the victim’s consent in certain circumstances.
The application can be made orally or in writing. If it is made orally, the clerk of the local district court must record the application.
The court is generally required to issue its determination on the protection order within seven days after receiving the application.
What Protection Can the Court Provide?
A court protection order can also cover members of the victim’s family where necessary.
The court can impose specific conditions as part of the protection order. These can include restrictions on the perpetrator’s movement, entering the shared residence, following, watching, or intimidating the victim.
A protection order can remain in effect for up to one year and can be extended by the court. An application to extend the order must be submitted seven days before it expires.
What Happens if the Protection Order Is Violated?
If the police have grounds to believe that the perpetrator has violated a protection order, Indonesian law allows them to arrest and, where the legal requirements are met, detain the perpetrator.
The victim, police, or an assisting volunteer can also submit a written report of a suspected violation to the court. The court can then order the perpetrator to appear within 3 x 24 hours for examination.
If the court finds that the protection order has been violated and there is a risk of another violation, it can require the perpetrator to give a written commitment to comply. Further violations can lead to detention under the procedure provided by the domestic violence law.
Does the Foreign Spouse Need to Divorce?
A foreign spouse does not need to obtain a divorce before seeking a protection order, and obtaining a protection order does not end the marriage. If the foreign spouse also wants a divorce, the appropriate procedure will depend on the marriage, and which Indonesian court has jurisdiction.
Contact Jarji Zaidan & Partners for a Protection Order in Indonesia
Foreign spouses seeking protection from domestic violence can contact Jarji Zaidan & Partners for advice on police reporting and protection-order proceedings in Indonesia. Contact us at info@jarjizaidan-partners.com or on WhatsApp +62 821-9000-3273 / +62 813-1403-8907 to secure professional guidance.
