Divorce
Article 39 of the Marriage Law allows divorce only in court, after the court has tried and failed to reconcile the spouses and found sufficient reason that they cannot live in harmony; Article 63(1) names the Religious Court for Muslims and the General (District) Court for everyone else. For Muslims the Religious Courts Law (Law 7/1989 as amended by Law 3/2006) distinguishes a husband's petition to pronounce the talak before the court (cerai talak, Arts. 66 to 72) from a wife's suit (cerai gugat, Arts. 73 to 86), and the Compilation of Islamic Law adds the grounds, the types of talak and the consequences. This page treats the national rules first, then Islamic law; Aceh applies the same Religious Courts system through its Mahkamah Syar'iyah (Law 11/2006, Art. 128).
Government Regulation 9/1975 lists six grounds for divorce: adultery, drunkenness, drug addiction, gambling or similar conduct that is hard to cure; desertion for two consecutive years without consent or valid reason; a prison sentence of five years or more after the marriage began; cruelty or serious abuse endangering the other spouse; a physical defect or illness that prevents performing marital duties; and continuous quarrels with no hope of living in harmony (Art. 19). The Compilation (Art. 116) repeats them and adds two for Muslims: the husband's breach of the taklik talak, the conditional promise he makes after the wedding, and apostasy that causes discord. A suit based on desertion can be filed after two years from the departure (Government Regulation 9/1975, Art. 21(2); Compilation, Art. 133); a suit based on constant quarrels is accepted once the court knows the causes and has heard relatives and people close to the couple (Art. 22(2)); and a prison sentence is proved by a copy of the final judgment (Art. 23).
In a cerai talak case the husband files with the Religious Court of the wife's residence (Law 7/1989, Art. 66(2)); the bench examines it within 30 days of registration in a closed hearing (Art. 68), and if it finds reconciliation impossible and sufficient grounds it grants the petition, which the wife may appeal (Art. 70(1) and (2)). Once final, the court sets a hearing to witness the husband pronounce the talak before the wife or her representative; if he does not appear within six months of the date set, the decision lapses and the petition cannot be refiled on the same grounds (Art. 70(3) to (6)). The marriage ends when the talak is pronounced and that order cannot be appealed (Art. 71(2)). A wife's suit is filed in the court of her own residence (Art. 73(1)), heard within 30 days in a closed hearing (Art. 80), and a divorce takes effect from the judgment with final force (Art. 81(2)). The judge seeks reconciliation at the first hearing and later ones (Art. 82). A wife can also ask for khuluk, a divorce at her request in exchange for a payment (iwadl) agreed with the husband; the court rules on the permission to pronounce it, and no appeal lies against that permission (Compilation, Art. 148(4)).
The consequences are set by the Marriage Law and the Compilation. Both parents remain bound to look after and educate the children (Marriage Law, Art. 41(a)); the father bears the costs, or the court may make the mother share if he cannot (Art. 41(b)), and the court may order the former husband to provide living costs and/or 'determine an obligation for the former wife' (Art. 41(c)). For Muslims, a husband who pronounces a talak owes the former wife a fitting mut'ah gift (not owed if the marriage was never consummated), maintenance and housing during the waiting period (unless the talak is irrevocable or she was disobedient and is not pregnant), any unpaid mahar in full (half if there was no consummation) and child care costs until the child is 21 (Compilation, Art. 149). A child under 12 who is not yet able to distinguish right from wrong stays with the mother, an older child chooses between the parents, and the father pays maintenance (Arts. 105 and 156). The waiting period, 'iddah', is 130 days after the husband's death, three menstrual cycles with a minimum of 90 days after divorce, 90 days if there are no cycles, and until delivery if pregnant; there is none if the couple never consummated the marriage (Compilation, Art. 153(2) and (3); Government Regulation 9/1975, Art. 39). A woman in her waiting period may not accept a proposal or marry (Art. 151). A man who has divorced a wife three times cannot remarry her unless she has married another man and that marriage ended after consummation and her waiting period (Arts. 43 and 120).
For non-Muslims the District Court applies Government Regulation 9/1975, Arts. 20 to 36: the suit is filed where the respondent lives (Art. 20(1)); a respondent who lives abroad is summoned through the Indonesian representation (Art. 20(3)); and the divorce is treated as taking effect when it is entered in the civil registry, whereas for Muslims it takes effect from the final Religious Court decision (Art. 34(2)). The parties must report the divorce to the civil registry within 60 days of the final judgment (Law 23/2006, Art. 40(1)). An Indonesian divorced abroad must register it locally, report it to the Indonesian representation and then to the civil registry within 30 days of returning (Art. 41).
Key points
| Procedure | Divorce only before a court after failed reconciliation and sufficient reason (Marriage Law, Art. 39) |
|---|---|
| Court | Religious Court for Muslims, District Court for others (Marriage Law, Art. 63(1)) |
| Grounds | Six in Government Regulation 9/1975, Art. 19; eight for Muslims in the Compilation, Art. 116 (adds taklik talak breach and apostasy) |
| Husband's petition | Hearing within 30 days; talak pronounced before the court; lapses if he does not appear within 6 months (Law 7/1989, Arts. 68 and 70) |
| Wife's suit | Filed where she lives; hearing within 30 days; judgment takes effect once final (Law 7/1989, Arts. 73, 80 and 81(2)) |
| Waiting period | 3 cycles (at least 90 days) or 90 days after divorce; 130 days after death; until delivery if pregnant (Compilation, Art. 153(2)) |
| Divorce certificate | Court clerk issues the divorce deed within 7 days of notice of the final judgment (Law 7/1989, Art. 84(4)) |
| Registration for non-Muslims | Report to the civil registry within 60 days of the final judgment (Law 23/2006, Art. 40(1)) |
| Children after divorce | Under 12: mother; older child chooses; father pays maintenance, up to age 21 (Compilation, Arts. 105, 149(d) and 156) |
In practice
- A Muslim husband files a cerai talak petition at the Religious Court of his wife's residence, stating the grounds from Article 116 of the Compilation, and may ask in the same petition for custody, child and wife maintenance and joint property (Law 7/1989, Arts. 66 and 67).
- A wife files a cerai gugat suit at the Religious Court of her own residence (Law 7/1989, Art. 73(1)); a non-Muslim spouse files at the District Court where the respondent lives (Government Regulation 9/1975, Art. 20(1)). For desertion, wait two years from the departure (Art. 21(2)); for constant quarrels, expect the court to hear relatives and people close to the couple (Art. 22(2)).
- Ask for interim orders while the case is pending: living apart, maintenance, arrangements for the children and measures to protect the spouses' property (Government Regulation 9/1975, Art. 24; Law 7/1989, Art. 78).
- After the final judgment collect the divorce deed (within 7 days of notice, Law 7/1989, Art. 84(4)); non-Muslims also report to the civil registry within 60 days (Law 23/2006, Art. 40).
- Plan remarriage around the waiting period: no one can marry a woman during her iddah, and a former wife divorced three times can be remarried only after an intervening consummated marriage (Compilation, Arts. 40(b) and 43).
Cost and coverage
The opened texts set no divorce fee; the court fee schedule is fixed by the Supreme Court (Law 3/2006, art. 90) and was not found in the sources opened for this page.
Recent changes
The World Bank's Women, Business and the Law 2024 sheet gives Indonesia 25 out of 100 for the marriage indicator, answering no to whether a woman can obtain a divorce judgment in the same way as a man (citing Arts. 2, 39 and 63 of the Marriage Law) and to equal rights to remarry (Art. 12); on 17 June 2026 the Constitutional Court rejected a challenge to the spouses' duties in Article 34 (159/PUU-XXIV/2026).
Where to go
- The Religious Court (Muslims) of the wife's residence for a talak petition, or of the plaintiff's residence for a wife's suit; the Mahkamah Syar'iyah in Aceh (Law 11/2006, Art. 128).
- The District Court for non-Muslim couples (Marriage Law, Art. 63(1)(b)).
- The KUA, which receives a copy of the final judgment for entry in the marriage register (Law 7/1989, Art. 84(1)), and the civil registry for the reports of non-Muslims and of divorces abroad (Law 23/2006, Arts. 40 and 41).
Worth knowing
Under the Compilation a divorce, whether by talak, suit or khuluk, is made before a Religious Court hearing after an attempt at reconciliation (Arts. 115 and 117), and it takes effect when declared in that hearing, not from a private pronouncement (Art. 123).
Frequently asked questions
Can a husband divorce his wife just by pronouncing talak?
No. Article 115 of the Compilation allows divorce only before the Religious Court after it has tried and failed to reconcile the couple, and Article 117 defines talak as the husband's declaration before the court; his petition is heard in a closed session within 30 days (Law 7/1989, Art. 68) and the wife may appeal the order granting it (Art. 70(2)).
Can a wife start the divorce?
Yes: Muslim wives file a cerai gugat suit in the Religious Court of their own residence (Law 7/1989, Art. 73(1)), and non-Muslim wives file in the District Court, where a divorce also needs one of the grounds of Article 19 of Government Regulation 9/1975.
Who keeps the children after a divorce?
For Muslims a child under 12 stays with the mother, an older child chooses between the parents, and the father bears the costs, normally up to age 21 (Compilation, Arts. 105 and 156); the Marriage Law leaves disputes over control of the children to the court (Art. 41(a)).
Sources
- Law No. 1 of 1974 on Marriage (Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan), official PDF with elucidation on the BPK legal database — arts. 38 to 41 and 63(1); art. 10 (repeated divorces)
- Government Regulation No. 9 of 1975 implementing the Marriage Law (Peraturan Pemerintah Nomor 9 Tahun 1975, 1 April 1975), official PDF on the BPK legal database — arts. 19 to 36 and 39 on grounds, procedure, effect and waiting period
- Compilation of Islamic Law (Kompilasi Hukum Islam), annexed to Presidential Instruction No. 1 of 1991, scanned Ministry of Religious Affairs book (262 pages) hosted on Wikimedia Commons (unofficial copy of the published book) — arts. 40, 43, 105, 115 to 120, 123, 133, 148, 149, 151, 153, 156 and 158 to 160
- Law No. 7 of 1989 on Religious Courts, arts. 65 to 86 (divorce procedure), official PDF on the BPK legal database — arts. 65 to 86 as printed (arts. 66 to 86 are unchanged by Law 3/2006)
- Law No. 3 of 2006 amending the Religious Courts Law (arts. 49, 50 and 90 and the elucidation of art. 49), official PDF on the BPK legal database — art. 90: court costs fixed by the Supreme Court; art. 49 and elucidation
- Law No. 23 of 2006 on Population Administration (Undang-Undang Nomor 23 Tahun 2006), arts. 34 to 41, official PDF on the BPK legal database; Law No. 24 of 2013 amending it leaves these articles unchanged — arts. 40 and 41: recording of divorces
- Law No. 11 of 2006 on the Government of Aceh (arts. 125 to 130; enacted 1 August 2006), official PDF on the BPK legal database — art. 128: Mahkamah Syar'iyah
- World Bank, Women, Business and the Law 2024 -- Indonesia country data (main business city: Jakarta) — marriage indicator: score 25, answers on divorce and remarriage
- Constitutional Court, decision 159/PUU-XXIV/2026 (pronounced 17 June 2026) on Article 34(1) and (2) of the Marriage Law, full text on pasal.id — 17 June 2026, rejected