Under what conditions does a divorce procedure work in Indonesia? what about a divorce between a french national and an indonesian national? How to organize and prepare a Franco-Indonesian divorce? New collaboration between the office of Maître Laurent Latapie, French lawyer, and the office of Maître Natalia Petracia Sahetapy, lawyer in Jakarta, Indonesia.
It is advisable to be interested in the methods of divorce in international law, in French law and in Indonesian law when the couple is Franco-Indonesian.
The hypothesis of a Franco-Indonesian marriage as the citizens travel around the world, especially in Asia, more particularly in Indonesia, whose journey is equivalent to diving into a palette of wonders because the facets of the archipelago are multiple, between a wild nature, a rich culture, between volcanoes, time, rice fields, wild lands and paradisiac beaches of Bali, this booming country with numerous and growing economic activities make this country more and more attractive, and bring a good number of French and French women to visit the country, to settle down to maintain well-established relationships.
Falling in love with the country is very easy.
From there to fall in love with an Indonesian national there is only one step that can be taken very quickly.
This can generate many questions both at the time of marriage, and unfortunately also at the time of divorce.
Between international law, French law and Indonesian law how does it work?
This is all the more so since Indonesia has not ratified the Hague Convention of 14 March 1978 on the law applicable to matrimonial property regimes.
It is worth looking at the regime applicable in Indonesia,
Marriage is regulated by Law No. 1 of 1974, its article 2 specifying that marriage is a legal regime, for each couple, regardless of religion or beliefs.
According to the text, and the spirit of the text, the purpose of married life is to be happy until the spouses age together and until death separates them,
However, in Indonesia as in France, divorces are not uncommon.
The texts are precise on the subject.
But there are many breakdowns for various reasons and problems and the divorce should be ended.
In such a case, Muslim couples must go to the religious court.
The other couples, not Moslems, or practicing other religions must seize the General Court.
According to article 114 of the Compilation of Islamic Laws (Kompilasi Hukum Islam), the separation of the bride and groom because of « Talak » (divorce) by the husband or the divorce trial of the wives.
The husband can submit a request to the Religious Court either verbally or in writing. The wife is then summoned to the Religious Court.
For non-Muslims, the husband and the wife can initiate a divorce petition before the General Court.
According to articles 19 and following of the regulation n ° 9 of 1975 of the Government, implementing the law of 1974 on the marriage, there are several grounds of divorce which can be due in particular to arguments and constant quarrels, or to adultery , alcoholism, gamblers who cannot be cured, abuse, generating a deterioration in the marital bond for a period of two years or more,
The petition for divorce must be addressed to the court where the husband or the wife resides, if the husband files a petition for divorce against his wife, it must be addressed to the court where the wife resides, and conversely if the woman files a petition for divorce against her husband, the said request must be addressed to the court where her husband resides.
The request must be reasoned and contain the reasons and the reasons for the request for divorce.
The procedure is oral and the spouses are invited to appear before the General Court.
A first hearing for mediation purposes is planned.
The judge then proceeds to check the reasons for the request and aims to try to reconcile the couples during the meeting to verify the reasons for the divorce.
It should be noted that the reconciliation effort can be made at each hearing.
If reconciliation is not possible, the trial will begin in camera.
During the trial session, couples will have the opportunity to support their argument and respond to the opposing argument.
Once the judge has made a final decision, each couple can accept or also appeal to the higher court when the result of the decision is not satisfactory.
The number of divorce in Indonesia seems to be increasing.
The issue of Franco-Indonesian divorces is part of this legislation.
Everything will depend in particular on the existence or not of a marriage contract, which may determine the applicable law in the event of a divorce. Everything will also depend on the place and country of the celebration of the marriage and the place of the first marital home.
If the Franco-Indonesian couple get married in Indonesia, and without a marriage contract, to settle there immediately, Indonesian law will apply.
Consequently, divorce must be requested in accordance with the legislation applicable according to French rules of conflict of laws, or equivalent thereto.
When the divorce has been pronounced abroad and it is final, it takes effect in France and therefore allows, if necessary, a new marriage.
It should also be recalled that Articles 14 and 15 of the Civil Code allow any French national to claim the jurisdiction of the French judge to pronounce a divorce, regardless of where the marriage was celebrated.
In this case, it is essential to hire a lawyer in France.
The cabinet of Maître Laurent LATAPIE intervenes in international law, and more particularly in the field of international divorces, whether for Franco-American divorces, Franco-Mexican divorces, divorces of French and Europeans and living in China and especially in Hong Kong.
Maître Laurent Latapie’s office also intervenes in Franco-Indonesian divorce issues.
To this end, Maître Laurent Latapie, French lawyer, has set up a partnership with Maître Natalia Petracia Sahetapy, lawyer in Jakarta, Indonesia.
Master Natalia Petracia Sahetapy, a lawyer in Jakarta, is a graduate of Satya Wacana Christian University, and successfully entered the Indonesian Bar in January 2016 at the Congress of the Indonesian Lawyer.
This synergy between the cabinet of Maître Laurent Latapie, lawyer in France, and the cabinet of Maître Natalia Petracia Sahetapy will allow an effective approach both in France and in Indonesia for any Franco-Indonesian divorce.
Article written by Maître Laurent LATAPIE,
Lawyer, Doctor of Law,
And written by Master Natalia Petracia Sahetapy
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