Evidence on Divorce process
Exhibits for Indonesian divorce case means evidence, or an items that will and can be presented to the court to support the divorce petition and supporting all of your divorce allegations, divorce opinions, divorce plea, divorce rebuttal, etc.
During the long run, each party may bring and present the court with dozen of their allegations towards each other, however the court will further judge your allegations or opinions based on the supporting exhibits that is being presented, nevertheless the Indonesian law adhere the principle of those who postulate are those who authenticate.
On March this year, we received a Moslem divorce case where the husband is a Malaysian citizen and The Mother is an Indonesian, the main objective of the case is to obtain sole custody rights of the petitioner’s 7 year old daughter.
The reason for that, is because the husband have found out that his Indonesian wife has been cheating on him and that he is very afraid that their daughter will follow or duplicating all of the bad attitude of the mother, since children are mostly follows the behavior of the those around them, so this is more like a prevention of what could gone worse in the future of their daughter.
Now, we do realize that this will not going to be a regular Indonesian divorce case, as we all know that as the result of the divorce in Indonesia, all minor kids are to be maintain, nurture and raised by the mother as stipulated by The Compilation of The Moslem Law, not to mention that an adultery cases is quite hard to proven without any actual photos or video to fulfill the exhibit examination session.
The very first thing that we asked him is to collect and gathered all of the written documents that he has regarding his marriage, the birth of the child and other details related to the family. The good news is, he was able to collect all of those items and securely wrapped up on his laptop computer. He kept all of the Indonesian hospital bills, insurance policy, certificates, etc and by seeing those available documents we soon realize that we have a very strong case in order to dissolve the marriage by divorce and to apply for the sole Indonesian custody rights for his daughter at the same time.
However, there is one vital details that he forgot, which is to secure the original documents or hard copy instead of complete soft copy on his computer, as the Indonesian court verification will rely on both the original documents and the copy of the documents to be shown. It takes about one month to obtain all original documents before we were able to register the divorce case at the religious court in West Java.
During the entire sessions, he decided not to appear at the religious court due to security concerns, which we can fully understand, and have given us enough power of attorney to conduct the tasks both at the Indonesian religious court and the Indonesian registry office.
After passing the mediation, the counter statement by the defendant, the counter plea, the exhibits and witnesses examinations, last but not least is the divorce vow, the court states that the petitioner was able to prove his allegations against his wife, and on the contrary the court have fully rejected all of the demands made by the wife, since her appointed attorney was considered not able to prove the allegations against the husband. The case has been resolved by the religious court in our favor and therefore we declare that the petitioner had won the case.
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