Legally, the unfolding of this case began with the registration of a divorce suit by Atalia (Plaintiff) against Ridwan Kamil (Defendant) at the Bandung Religious Court (PA).

Law Number 1 of 1974 concerning Marriage, Article 39 paragraph (1), affirms: “Divorce can only be carried out in front of the Court Session after the Court concerned has tried and failed to reconcile the two parties.”

The phrase implies an absolute obligation for the court to reconcile the parties through the mediationstage. This is further regulated in Supreme Court Regulation (Perma) Number 1 of 2016 concerning Mediation Procedures in Court. Mediation is an effective way of resolving disputes peacefully, led by a verified mediator.

In this case, the mediation successfully agreed on two crucial things: agreeing to divorce and agreeing to jointly care for the children. These results were recorded in the Minutes and submitted to the Panel of Judges.

Urgency of Proving Reasons for Divorce

A question arises: With a peaceful agreement to separate, does Article 39 paragraph (2) of the Marriage Law become irrelevant?

The article reads: “To carry out a divorce, there must be sufficient reason that the husband and wife will not be able to live in harmony as husband and wife.”

The answer is: Reasons are still needed. Even though the parties agree to divorce, marriage law in Indonesia adheres to the principle of making divorce difficult. The plaintiff is not automatically free from the obligation to provide evidence. Unlike ordinary contract law, in marriage, the reasons for divorce must be proven in court.

The reasons for divorce are regulated in Government Regulation (PP) Number 9 of 1975. There are six legal grounds for divorce, and the Plaintiff only needs to prove one of them with evidence (witnesses or letters). The Panel of Judges has the authority to assess whether the argument fulfills the statutory provisions. If proven, the judge will grant the claim with a decision bearing the inscription “For Justice Based on the One and Only God”. On the other hand, if the argument is not proven, the claim can be rejected even if both parties want a divorce.