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  • Advice on Indonesian divorce

    Hi All,

    Need some advice please.

    I'm a foreigner who got married to my Indonesian wife just under a year ago in Jakarta under the muslim faith as she is a muslim and I converted beforehand so that our marriage could be registered properly in Indonesia. We've known each other for many years and everything has been great since we got married but we had an argument (the first one we've ever had!) just before Xmas last year and now she wont even talk to me and has told me she wants a divorce. She has no justification for this as I haven't done anything wrong and I feel very upset about this as it is not what I want. She has been to my home country many times most recently last year for 3 months and I used to live in Indonesia and have many friends there and we were planning on doing the spouse visa this year however she is back in Indonesia now and I in my home country. I still want things to be reconciled as I don't want to get divorced. I know a bit about the marriage laws in Indonesia but would appreciate any advice or guidance on what my options are?

  • #2
    Originally posted by Wee_Fifer View Post
    ... she wont even talk to me and has told me she wants a divorce ... she is back in Indonesia now and I in my home country ... I still want things to be reconciled as I don't want to get divorced. I know a bit about the marriage laws in Indonesia but would appreciate any advice or guidance on what my options are?

    Unfortunately I think she can easily get the divorce if you don't return to live with her soon . She has strong options for requesting the divorce :
    - the couple has irreconcilable differences
    - the husband is unable to provide the basic necessities of life
    - the other spouse has left for two consecutive years, without consent and without legitimate reasons or the absence of reasons beyond his/her control ,

    I think that she can , at any time , use the first and/or the second option(s) above to apply for the divorce , and if you are not there to defend yourself , the divorce may be issued in your absence .


    http://www.expat.or.id/info/divorce-...indonesia.html (About divorce in Indonesia)
    Last edited by marcus; 11-01-20, 23:19.

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    • #3
      I have an issue which i would like some advice. I have been married for over 5 years and am on my 1st 5 year kitap. I am eligeable to apply for citizenship now. However, my spouse and I have decided to end our marriage. We have one child. I would like to know if 1. I ca n maintain my kitap after divorce with a new sponsor/wife and 2. Will i still be eligeable to apply for citizenship or do i have to wait another 5 years?. marcus appreciate your input on this. Thanl you.

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      • #4
        Originally posted by Darkknightdel View Post
        (1) I ca n maintain my kitap after divorce with a new sponsor/wife and 2.

        (2) Will i still be eligeable to apply for citizenship or do i have to wait another 5 years?

        (1) You can maintain the KITAP , according to the Regulation (see below) , but you may have to find an appropriate sponsor .

        (2) You are eligible when referring to the 5 continuous years in Indonesia , but it will be a lot more difficult by not being married with an Indonesian (I guess you need to prove that you are relevant to Indonesia , besides other requirements) .


        ----------------------------------------------


        PP no.31 Year 2013 (not an official translation)
        Article 163
        (1) For mixed marriage that lasts less than 10 (ten) years, the KITAP will remain valid although his/her marriage has ended due to divorce and/or upon court decision , if the foreigner concerned has a sponsor.
        (2) The sponsor as contemplated in clause (1) must be an Indonesian .
        (3) The sponsor as contemplated in clause (2) must be submitted to Immigration Office within the maximum period of 60 (sixty) days as of date of divorce deed is issued.

        Poster's Note : From very few examples in this Forum , it looks like Immigration will cancel the present KITAP and issue a new 5 years KITAP .

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        • #5
          If i get married again within lets say 30 days after the divorce decree and submit mu new wife as sponsor, would that be accepted as an appropriate sponsor? And since i have a child, would that help prove that i can keep my current kitap and also apply for citizenship with mu new wife as sponsor,

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          • #6
            Originally posted by Darkknightdel View Post
            (a) If i get married again within lets say 30 days after the divorce decree and submit my new wife as sponsor, would that be accepted as an appropriate sponsor?

            (b) And since i have a child, would that help prove that i can keep my current kitap and also apply for citizenship with my new wife as sponsor,

            (a) I think it will be ok .

            (b) As far as I heard , getting the citizenship by being married with an Indonesian is a lot easier . I guess that having a child doesn't make any difference .

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            • #7
              Does anyone here have any experience with a similar situation? 
              1. Getting divorced and changing sponsor with new sponsor and maintaining kitap? Because marcus did mention that many got a new kitap.
              2. I live in sidoarjo, so immigration office in juanda. I want to go there and ask if i can do that. Do you think it is a good idea? 

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              • #8
                From my own experience and other experiences in this Forum , each Immigration officer may tell you a different procedure , so be prepared to talk to them with copy of the law/Regulations and no matter which answer they give you , better treat them as king .

                See in the link below some cases . My own case ended badly , the section chief rejected my new sponsor for being relatively poor . The chief told me that he would only accept a sponsor with Rp200 millions in a bank account , even after an officer of the Regional Immigration Office agreed that Article 163 of PP no.31 Year 2013 was applicable . Well , it looks like that many other officers did think like him , because recently Immigration approved a (#)new rule that will require an individual sponsor (except if spouse in a mixed marriage) to have at least Rp100 million .

                http://www.livinginindonesiaforum.or...-for-divorcees (cases of KITAP before & after divorce)

                (#) https://www.livinginindonesiaforum.o...ing-march-2022

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