DIVORCE ACCUSATION

Divorce accusation to be applied by a wife to her husband in the court which the jurisdiction cover the residence of that wife, a wife who applied the divorce to be called a plaintiff, and a wife who was applied divorce to be called accused, as it is called in Article 73 verse 1 Law Number 7 year 1989 About Religious Court as to be changed by Law Number 3 year 2006; “Divorce accusation to be applied by wife to the court which the jurisdiction cover the residence of a plaintiff, except if the plaintiff leaves the gathering residence.

The reason of divorce accusation is same with the reason of talak divorce namely in Article 19 Government Regulation Number 9 year 1975 About the implementation of Law Number 1 year 1974 About Marriage, and to be added by Article 116 word “g” and “h” Compilation of Islamic Law.

The judgment of divorce accusation which had been legal directly there is a divorce between a husband and wife, and their talak to be called as “Talak Bain Sugro” it means that the former of husband could refer again except with the new marriage.

The judgment of divorce accusation as a result of talak khulu’ as it is mentioned in taklik talak agreement which was spoken by husband soon after marriage before, or a result of talak khulu’ where a husband asked a fez as some of money, goods or material to wife and then a husband would say a pledge of talak but in this case it is worth the agreement of wife and the judgment of a court.

Taklik talak agreement which was spoken by husband soon after marriage before content;

Sometime I myself;

1. To leave my wife in a distance 2 (two) years continuously;
2. or I did not give basic necessities of life to her in a distance 3 (three) m0nths;
3. or I hurt my wife’s body;
4. or I let (did not pay attention) my wife in a distance 6 (six) months.

Then my wife does not allow and apply to the court or to the official which was given the right to arrange matters of applied, and the applied to be received and to be justified by the court or the official and my wife pay a fez Rp 10.000,- (ten thousand) rupiah as a fez tome, so falling my first talak to her. I empower to the court or to the official for receiving the fez of money and then spending for social of religious service.

Leaving in a distance 2 (two) years continuously means that husband has not been known the complete address all over Indonesia, and the court invite the husband who was not known the complete address via mass media by newspaper or electronic media and the case could be taken place the session after the distance 4 (four) moths, as to be mentioned in Article 27 verse 1,2 and 3 Government Regulation Number 9 year 1975, as bellow;

1. If the accused in a condition as mentioned in Article 20 verse 2, the invitation to be implemented by putting the law suit in the board of information in the court and to inform via one or few newspapers or another mess media which was determined by the court.
2. The information by one or few newspaper or mess media was mentioned in verse (1) to be carried out twice with the distance one month between first invitation and the second one.
3. The distance between the last invitation as it was mentioned in verse 2 with the session to be determined at least 3 (three) months.

The reason, husband let or did not allow in distance 6 (six) months, it means the husband to be known the completer address, and for the husband who was not known the complete address must be reached two years continuously.

The divorce by taklik talak reason the determination of judgment by the word; “Determining talak fall” it different with the divorce by another reason, it is usually by the words: “To fall first talak”, and it is certain both of them as talak bain sugro, it means talak could refer again, except by new marriage.