Legal Literacy - Shocking news comes from the public figure couple, Member of the Indonesian Parliament Atalia Praratya and her husband, former Governor of West Java Ridwan Kamil. On December 20, 2025, the two underwent divorce mediation out of court with the approval of a judge. This process was attended by a religious court mediator.

“Both have agreed to separate amicably,” said Wenda Aluwi, Ridwan Kamil's attorney, to reporters in Bandung. A similar statement was made by Atalia's attorney, Debi Agusfriansa, who stated that the decision to separate was taken together, including an agreement on child custody.

This case is an important moment to provide legal literacy to the public regarding divorce procedures, especially for public figures who are often in the spotlight.

Profile and Public Context

The public knows this couple as harmonious figures. Ridwan Kamil, a renowned architect who has worked in the political world as Mayor of Bandung and Governor of West Java, has a track record of phenomenal works such as the Al Jabbar Grand Mosque. Meanwhile, Atalia Praratya—affectionately known as "Ibu Cinta" (Mother of Love)"—is known as an activist, founder of Jabar Bergerak, Chair of the West Java Regional Scout Movement, as well as an academic and book author.

From their marriage, the two were blessed with two biological children, the late Emmeril Kahn Mumtadz and Camillia Laetitia Azzahra, and one adopted child, Arkana Aidan Misbach. Their status as role models makes this legal process attract wide attention.

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.

Apart from the divorce decree, the accompanying legal consequences include livelihood iddah, mut'ah, marital property, and child custody.

Regarding custody, the Compilation of Islamic Law (KHI) states that children who have not mumayyiz (not yet 12 years old) have their custody given to the mother. The reason is the psychological closeness and the dominant need for affection from the mother figure. However, in practice, custody battles often occur where the father also wants these rights.

Ridwan Kamil and Atalia's agreement to raise their children together is a step forward that deserves appreciation. This shows maturity in placing the best interests of the child (the best interest of the child) above personal ego, even though the marriage bond has been broken.

Now, the public awaits the judge's decision. Will this divorce be granted solely based on a mediation agreement, or will the court still emphasize proving the reasons for disharmony as mandated by law? Whatever the outcome, this process provides valuable lessons about the importance of resolving domestic disputes with dignity.

Bibliography

  1. literasihukum.com
  2. Perma Number 1 of 2016
  3. Marriage Law Number 1 of 1974
  4. Government Regulation Number 9 of 1975
  5. Several online media