OTHER LAWSUITS

A claimant/applicant must take the following steps:

1. Filing an application written or orally to religious court.

2. The petition/lawsuit is to be filed to:

1. The religious court whose jurisdiction covers the respondent’s residential address.

2. If the respondent’s residential address is unknown, the suit must be filed to the religious court whose jurisdiction cover the applicant’s residency.

3. If the suit is about unmoved properties, the suit is filed to the religious court where the properties are located. If the unmoved properties are located in several religious courts’ jurisdictions, the suit may be filed to one of the religious courts.

4. If both applicant/claimant and respondent reside abroad, the claim must be filed to the religious court whose jurisdiction covers their place of marriage or to the Religious Court of Central Jakarta.

1. Paying the court fees. The poor can file their cases with prodeo (courts fees are waived).

2. The applicant/claimant and the respondent or their authorities attend court hearings upon summons from religious court.

CASE FINALIZING PROCESS

1. The applicant/claimant registers his divorce application to the religious court.

2. The applicant/claimant and the respondent are summoned by the religious court to attend court hearings.

3. Hearing Stages

1. 1. At the first hearing, a panel of judges tries to reconcile the two parties and both parties.

   2. If the reconciliation effort fails, judges oblige both parties to take mediation (Article 3 point 1 Supreme Court Regulation No. 2/2003).

   3. If mediation fails, the hearing of the case proceeds to the next steps: reading the claim, response, denial, evidencing and conclusion. The respondent can file a rekonvensi (a suit against the applicant/claimant) at the response stage before evidencing.

Judgments of religious courts can be as follows:

1. 1. Petition/suit granted. If respondent is not satisfied with the judgments, she can file an appeal to the appellate court through the religious court handing down the judgments.

   2. Petition/suit dismissed. If the applicant/claimant is not satisfied with the judgments, he can file an appeal to the appellate court through the religious court handing down the judgments.

   3. Petition/suit unaccepted. The applicant/claimant can file a new petition/suit.

1. Both parties can obtain a judgment that has a final and binding force.

2. A party who wins a suit on a property may file an execution petition to the religious court making the first judgment if their rival does not want to obey the judgment voluntarily.

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