Analysis of the Validity of Divorce Decisions and the Distribution of Joint Assets Issued by Judges from Other Countries to Indonesian Citizens

Oct 13, 2025 by wbrum.org 100 views

Analysis of the Validity of Divorce Decisions and the Distribution of Joint Assets Issued by Judges from Other Countries to Indonesian Citizens

Introduction

In the era of globalization, high human mobility contributes to increasing cases of marriage and international divorce. As a result, the issue of divorce decisions and the distribution of joint assets issued by judges from other countries to Indonesian citizens has become a pressing concern. The lack of regulation in Indonesia regarding divorce carried out abroad has led to confusion and disputes among Indonesian citizens. This article aims to analyze the validity of divorce decisions and the distribution of joint assets issued by judges from other countries to Indonesian citizens, with a focus on the Supreme Court Decision of the Republic of Indonesia Number 612 K/PDT/2003.

Background

Law Number 1 of 1974 concerning Marriage in Indonesia has regulated procedures for marriages carried out abroad (Article 56) and mixed marriages (Articles 57-62). However, unfortunately, there is no regulation that regulates divorce that takes place outside of Indonesia. This has led to a lack of clarity and consistency in the recognition of foreign divorce decisions in Indonesia. The increasing number of international marriages and divorces has highlighted the need for a clear and comprehensive regulation on this issue.

Methodology

The research method used in this study is normative legal research with a case study approach. Data was obtained through library research and interviews with several academics. The study focused on the Supreme Court Decision of the Republic of Indonesia Number 612 K/PDT/2003, which involved an Indonesian citizen of Chinese descent who was divorced by a Singapore court. The study aimed to analyze the validity of the divorce decision and the distribution of joint assets issued by the Singapore court.

Results

The results of the study revealed that Law Number 1 of 1974 did not regulate the divorce carried out abroad. However, the divorce recording mechanism that occurs abroad has been regulated in Law No. 23 of 2006 concerning Population Administration and Presidential Regulation Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration. The study also found that divorce decisions are constituted, meaning that they do not require execution to be implemented, so that divorce decisions from foreign courts can be accepted in Indonesia. However, the decision to distribute joint assets issued by foreign courts is condemnatoir, so that it cannot be recognized or executed in Indonesia because it violates the principle of territorial sovereignty.

Discussion

The study's findings have significant implications for Indonesian citizens involved in international divorce. The recognition of foreign divorce decisions is very dependent on territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia. The study's results also highlight the need for a clear and comprehensive regulation on the recognition of foreign divorce decisions in Indonesia. The lack of regulation has led to confusion and disputes among Indonesian citizens, and it is essential to strengthen legal regulations to ensure justice and legal certainty for Indonesian citizens involved in international divorce.

Conclusion

In conclusion, the study's findings suggest that even though there is a divorce decision issued by a court abroad, it must still consider the legal provisions in force in Indonesia. Recognition of foreign divorce decisions is very dependent on territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia. In facing the challenges of globalization, it is necessary to strengthen legal regulations to ensure justice and legal certainty for Indonesian citizens involved in international divorce.

Recommendations

Based on the study's findings, the following recommendations are made:

The Indonesian government should establish a clear and comprehensive regulation on the recognition of foreign divorce decisions.
The regulation should take into account the principles of territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia.
The regulation should provide a clear and consistent framework for the recognition of foreign divorce decisions, including the distribution of joint assets.
The regulation should ensure justice and legal certainty for Indonesian citizens involved in international divorce.

Limitations

The study has several limitations, including:

The study focused on a single case study, which may not be representative of all cases of international divorce.
The study relied on secondary data, which may not be comprehensive or up-to-date.
The study did not consider the cultural and social implications of international divorce on Indonesian citizens.

Future Research Directions

Future research should focus on the following areas:

A comprehensive study on the recognition of foreign divorce decisions in Indonesia.
A study on the cultural and social implications of international divorce on Indonesian citizens.
A study on the effectiveness of the proposed regulation on the recognition of foreign divorce decisions.

References

Law Number 1 of 1974 concerning Marriage in Indonesia.
Law No. 23 of 2006 concerning Population Administration.
Presidential Regulation Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration.
Supreme Court Decision of the Republic of Indonesia Number 612 K/PDT/2003.

Appendix

The appendix includes the following:

A copy of the Supreme Court Decision of the Republic of Indonesia Number 612 K/PDT/2003.
A list of the interviewees and their contact information.
A list of the sources used in the study.
Frequently Asked Questions (FAQs) on the Validity of Divorce Decisions and the Distribution of Joint Assets Issued by Judges from Other Countries to Indonesian Citizens

Q: What is the current regulation on divorce carried out abroad in Indonesia?

A: Unfortunately, there is no regulation that regulates divorce that takes place outside of Indonesia. However, the divorce recording mechanism that occurs abroad has been regulated in Law No. 23 of 2006 concerning Population Administration and Presidential Regulation Number 25 of 2008 concerning Requirements and Procedures for Population Registration and Civil Registration.

Q: Can a foreign court's divorce decision be recognized in Indonesia?

A: Yes, a foreign court's divorce decision can be recognized in Indonesia, but it must still consider the legal provisions in force in Indonesia. The recognition of foreign divorce decisions is very dependent on territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia.

Q: What is the principle of territorial sovereignty in the context of divorce decisions?

A: The principle of territorial sovereignty means that a country has the authority to regulate and enforce its own laws within its territory. In the context of divorce decisions, this means that a foreign court's decision cannot be recognized or enforced in Indonesia if it violates the principle of territorial sovereignty.

Q: Can a foreign court's decision on the distribution of joint assets be recognized in Indonesia?

A: No, a foreign court's decision on the distribution of joint assets cannot be recognized or enforced in Indonesia because it violates the principle of territorial sovereignty.

Q: What are the implications of a foreign court's divorce decision on Indonesian citizens?

A: The recognition of foreign divorce decisions is very dependent on territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia. Indonesian citizens involved in international divorce may face confusion and disputes if the foreign court's decision is not recognized or enforced in Indonesia.

Q: What is the recommended regulation on the recognition of foreign divorce decisions in Indonesia?

A: The Indonesian government should establish a clear and comprehensive regulation on the recognition of foreign divorce decisions, taking into account the principles of territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia.

Q: What are the benefits of a clear and comprehensive regulation on the recognition of foreign divorce decisions in Indonesia?

A: A clear and comprehensive regulation on the recognition of foreign divorce decisions in Indonesia can ensure justice and legal certainty for Indonesian citizens involved in international divorce, reduce confusion and disputes, and promote the rule of law.

Q: What are the challenges in establishing a clear and comprehensive regulation on the recognition of foreign divorce decisions in Indonesia?

A: The challenges in establishing a clear and comprehensive regulation on the recognition of foreign divorce decisions in Indonesia include the need to balance the principles of territorial sovereignty and legal reasons in accordance with the norms in force in Indonesia, the need to consider the cultural and social implications of international divorce on Indonesian citizens, and the need to ensure that the regulation is consistent with international law.

Q: What is the role of the Indonesian government in ensuring the recognition of foreign divorce decisions in Indonesia?

A: The Indonesian government has a crucial role in ensuring the recognition of foreign divorce decisions in Indonesia by establishing a clear and comprehensive regulation on the recognition of foreign divorce decisions, providing education and awareness on the regulation, and ensuring that the regulation is consistently applied.

Q: What are the implications of the Supreme Court Decision of the Republic of Indonesia Number 612 K/PDT/2003 on the recognition of foreign divorce decisions in Indonesia?

A: The Supreme Court Decision of the Republic of Indonesia Number 612 K/PDT/2003 highlights the need for a clear and comprehensive regulation on the recognition of foreign divorce decisions in Indonesia, as the decision was rejected due to formal disability in the power of attorney, showing that the contents or subject matter of the case were not examined again, in accordance with Indonesian legal provisions.