LAWYER SPECIALIZING ON DIVORCE FOR FOREIGN CITIZENS (WNA) IN BALI
We are from the Lawyer/Advocate office in Bali, I Putu Agus Putra Sumardana, SH & Partner's, whose office is located on Jl. Gunung Salak Utara Gang Taman Sari 27 No. A3 Denpasar-Bali, is often asked to provide legal services in processing divorce cases in court for clients who are foreign nationals (WNA) domiciled in Bali, whether they are married to WNI (Indonesian citizens), or marriages between foreign nationals (WNA) with Foreign Citizens (WNA) who live in Bali. Generally, foreign nationals (WNA) already have a KITAS (Limited Stay Permit Card) or have a KITAP (Permanent Stay Permit Card) in Indonesia.
This is according to the legal understanding controlled by us, I Putu Agus Putra Sumardana, SH & Partner's, when referring to the Principle of Territoriality (Domicile Principle) in International Private Law, which is basically regulated "every person is subject to the law where he is". When examined from Article 20 paragraph (1) Government Regulation no. 9 of 1975 concerning Implementation of Law no. 1 of 1974 concerning Marriage states that "a lawsuit for divorce is filed by the husband or wife or their attorney to the Court whose jurisdiction includes the place of residence of the Defendant". Proof of the letter submitted by a foreign citizen (WNA) who has a KITAS is in the form of a marriage certificate issued by their country, which can then be recorded or reported at the local Population and Civil Registration Office. Documentary evidence in the form of a marriage certificate at least contains where the marriage took place and when the marriage took place. Evidence in the form of a marriage certificate was also known to the witnesses presented by the parties (both Plaintiff and Defendant), where the witnesses also explained when and where the foreign national (WNA) got married. In this way, the judge will be of the opinion that the marriage of the two foreign nationals (WNA) is legally valid.
However, what needs to be paid attention to is that the marriage of a foreign citizen (WNA) must be registered and issued or made by an authorized official, as stated in Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage, namely "a marriage is valid if it is carried out according to the laws of each religion and belief", and in Article 2 paragraph (2) it is stated that "every marriage is recorded according to the applicable laws and regulations". That in order to decide a divorce in court, you can pay attention to 2 (two) jurisprudences that can be applied, namely the Jurisprudence of the Supreme Court of the Republic of Indonesia No. 534 K/Pdt/1996 dated 18 June 1996 and Jurisprudence of the Supreme Court of the Republic of Indonesia No. 1354 K/Pdt/2001 dated 18 September 2003. Jurisprudence of the Supreme Court of the Republic of Indonesia No. 534 K/Pdt/1996 dated 18 June 1996 stipulates the provision "that in the case of a divorce it is not necessary to look at who caused the dispute, but what needs to be looked at is the marriage itself, whether the marriage can still be maintained or not." Meanwhile, in the Jurisprudence of the Supreme Court of the Republic of Indonesia No. 1354 K/Pdt/2001 dated 18 September 2003, to see whether something had happened between the Plaintiff and the Defendant that caused them to live separately.
That then it is seen whether the domestic life of the Plaintiff and Defendant often causes disputes and quarrels as the source of the rift (broken marriage), so that physically and mentally the marriage between the Plaintiff and the Defendant can no longer be reunited. The most important thing in a divorce lawsuit is that there is a strong reason for divorce and that the divorce lawsuit does not contain any unlawful elements. Whereas based on Article 39 Paragraph (1) of Law of the Republic of Indonesia Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, it is stated "to carry out a divorce there must be a reason, that the husband and wife cannot live in harmony as husband and wife " and in Paragraph (2) it is stated "the procedures for divorce before a court hearing are regulated in separate legislation"