5 Hukum Perkawinan

Summary

This video script provides an in-depth explanation of Indonesian marriage law, focusing on divorce, child custody, and the responsibilities of divorced parents. Key topics include the grounds for divorce, such as adultery, abandonment, imprisonment, domestic violence, and constant conflict. It also highlights the process of child custody determination by the court, typically favoring the mother for underage children, and the concept of 'separation of beds and living arrangements' as an alternative to divorce. The video offers valuable insights into legal rights and obligations post-divorce in Indonesia.

Takeaways

• 😀 Divorce can be granted under several grounds in Indonesian law, including infidelity, addiction, imprisonment, or physical abuse.
• 😀 If one spouse abandons the other for two consecutive years, it can also be a valid reason for divorce.
• 😀 A person can file for divorce if the marriage becomes unmanageable due to continuous and unresolved arguments, often referred to as 'syiqaq' in Islamic law.
• 😀 Custody of children after divorce generally goes to the mother, especially for younger children, but the court has the authority to determine the best interest of the child.
• 😀 Even after a divorce, the father still holds financial obligations toward his children, despite not being married to the mother anymore.
• 😀 In Indonesia, the dissolution of a marriage is not automatically followed by the termination of parental rights; obligations for children remain intact.
• 😀 The law allows for a 'separation of table and bed' as an alternative to full divorce, allowing the couple to physically separate without dissolving the marriage.
• 😀 Separation of table and bed can be allowed by the court if both spouses mutually agree, and it leads to a separation of assets and living arrangements.
• 😀 In cases where a marriage lasts for at least five years and reconciliation attempts fail, a divorce can be considered by the court.
• 😀 The judge's decision on child guardianship is based on the welfare of the child, after considering input from both parents and the extended family.
• 😀 Religious beliefs and personal faith perspectives play a significant role in how divorce is viewed and handled, with different religions having differing views on divorce and separation.

Q & A

What are the primary grounds for divorce in Indonesian family law?

The primary grounds for divorce include adultery, addiction to drugs or alcohol, leaving the spouse for two consecutive years without communication, imprisonment of a spouse for five years or more, domestic violence (KDRT), and continuous conflict between the spouses that cannot be reconciled (syiqaq).

What does 'syiqaq' mean in the context of divorce under Islamic law?

'Syiqaq' refers to continuous and unresolved conflicts between spouses that lead to a situation where reconciliation is no longer possible. This is recognized as a valid ground for divorce.

What happens to the custody of children in case of divorce according to Indonesian family law?

In cases of divorce, custody of children under the age of majority typically goes to the mother. However, the judge may decide differently based on the child's best interests, taking into account the circumstances of both parents.

How does a divorce impact parental financial responsibilities?

Even after a divorce, a father still has financial obligations towards his children. This responsibility remains, even if the father remarries and has other children. There is no concept of 'former children' in the law.

What is the difference between divorce and separation of beds and households in Indonesian family law?

Separation of beds and households is a less formal option than divorce. It allows spouses to live apart without officially ending the marriage. This is sometimes done to provide an opportunity for reconciliation before proceeding with a full divorce.

How long must a couple be married before they can request separation of beds and households?

A couple must be married for at least two years before they can request a separation of beds and households, which is a temporary solution before a possible divorce.

Can a couple request separation of beds and households without giving a reason?

Yes, a couple can request separation of beds and households without providing a specific reason, as long as both parties agree. This can be considered as a step to allow for potential reconciliation.

What role does the judge play in deciding custody and guardianship after a divorce?

The judge determines custody and guardianship based on the child's needs and the circumstances of the parents. The decision is made with the best interests of the child in mind, considering factors such as parental ability to care for the child.

What happens if a parent requests a change in child custody after a divorce?

A parent can request a change in custody if there has been a significant change in circumstances. The judge will review the request and decide whether the custody arrangement should be modified.

What is the significance of the concept of 'mantan anak' in relation to child custody after divorce?

'Mantan anak' refers to the legal concept that a child remains the responsibility of both parents even after divorce. A father, for instance, continues to have obligations toward his children from a previous marriage, regardless of any remarriage or the mother's custody of the children.