Foreign Citizens who are living in Indonesia can file for the divorce in Indonesia. If they are muslim, they file for the divorce at the religious court and if they are non-muslim, the divorce application is filed through the disctrict court.

That based on Article 18 Algemene Bepalingen (General Regulations Regarding Legislation for Indonesia)

“The form of each legal action will be decided by the court according to the legislation of the country or place, where the legal action is carried out.”

Furthermore, the District Court or Religious Court is authorized to adjudicate the divorce case based on the Principles of International Civil Law, namely the principle of Forum Rei (where the Defendant resides) and Forum Actoris (where the Plaintiff resides).

That based on the Denpasar District Court Decision No. 98/Pdt.G/2021/PN.Dps, stated:

“Considering, that the district court is authorized to examine and decide on divorce cases for those who have entered into marriage according to non-Islamic religious law, and also because the Defendant is domiciled and resides in the jurisdiction of the Denpasar District Court which has jurisdiction to adjudicate this case based on the Principles of International Civil Law, namely the principles of Forum Rei and Forum Actoris, in this case the Denpasar District Court states that it has the authority to examine and hear the case a quo”.

That based on those, the divorce can be filed in Indonesia through the district court or religious court.

If there is still anything you want to ask or consult further and/or need legal assistance, please call 0821-2234-1488 or click contact below.