Providing Justice to the Justice Seeker: - Family Court of Australia

The Religious Courts hear two types of divorce cases, each with different requirements. The firstis a divorce initiated by the husband (cerai talak) and the second is a divorce initiated by thewife (cerai gugat). 67% of divorce cases decided in 2009 by the Religious Courts were initiatedby the wife. 22The Population Administration Law further requires that a divorce be registered within 60days from the date that the divorce judgment is final and binding. 23 A party to a divorce inthe General Courts must bring a copy of the divorce judgment to the Civil Registry so thatit can be noted on the Divorce Register and a divorce certificate issued. The Religious Courtshowever, print and issue divorce certificates once the divorce judgment has become final andbinding. 24 The Registrar of the Religious Courts conveys a copy of the court judgment to theCivil Registry within 30 days of it becoming final and binding. 25 Both court clients and lawyersexpressed the view that the extra step required for General Courts clients to take the judgmentto the Civil Registry within 60 days means that in many cases the time period elapses and itbecomes problematic to register the divorce at the Civil Registry.In 2009, over 13,000 cases were received by the Religious Courts concerning marriagelegalisation (itsbat nikah cases) in which the Religious Courts provide the applicant with adocument evidencing an earlier marriage. 26 This document can then be used at the civil registryto obtain other documents, including birth certificates.Legal process for obtaining a birthcertificateUNICEF Indonesia states that:Approximately 60 per cent of Indonesian children under-five years of age do not have birthcertificates and half are not registered anywhere. This represents one of the lowest birth registrationlevels of any country in the region.Birth registration is a fundamental human right and an essential means of protecting a child’sright to their identity. Registering a birth serves as an effective civil mechanism that legallyacknowledges a person’s existence, enables a child to possess a birth certificate, establishes thechild’s family ties, and tracks life’s major milestones from birth through marriage and death.Birth registration also helps governments to track their country’s demographic statistics, healthtrends and differentials. Comprehensive data means more accurate planning and implementationof development policies and programs, particularly in the fields of health, education, housing,water, sanitation and employment… 2722 Badilag (2010) E-profile for the Religious Courts 2009. Of 223,371 divorce cases decided in 2009, 149,240 wereinitiated by women and 74,131 by men.23 Article 40, Law 23 of 2006 on Administrasi Kependudukan.24 A decision is final and binding 14 days after it has been read out in court before both parties. If both parties arenot present in court, then the decision becomes final and binding 14 days after it has been delivered to theparties (Law 7/1989, article 54 and HIR articles 128 and 129 (2)). If respondent party cannot be found, the courtsends the decision to the Head of District (Bupati/Walikota) to publish in his/her office. HIR article 390 (3).25 Undang-Undang no.7 1989 concerning the Religious Courts, Article 84 .26 Islamic Law Compilation Book 1 (concerning marriage), Article 7 and Law 23 of 2006 concerning PopulationAdministration, Article 36.27 UNICEF: Overview - Birth Registration for all, http://www.unicef.org/indonesia/protection_2931.html.24 Providing Justice to the Justice Seeker A Report on the Access and Equity Study in theIndonesian General and Religious Courts 2007–2009