This article is an English translation of Ingin Rujuk, Begini Cara Cabut Gugatan Cerai di Pengadilan written by Erizka Permatasari, S.H., and was published on Friday, 9 September 2022.
This article below is an update of the article with the same title, which was first published on Friday, 2 July 2021.
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Before discussing how to do a withdrawal of divorce petition, specifically, let's first identify the concept of withdrawing or revoking a lawsuit. Revocation of a lawsuit can be interpreted as an act of withdrawing a lawsuit that has been registered at the court registrar.
In general, summarized from the Revocation of Civil Lawsuits Prior to the Examination Phase, the revocation of unexamined lawsuits shall be conducted with a letter as regulated in Rv.
So, does this provision also apply to the revocation of lawsuits in the Religious Courts?
Revoke Unexamined Lawsuits in Religious Courts
In essence, Law 7/1989 stipulates that the procedural law applicable within the religious court is the civil procedural law applicable to courts within the general court, except for those which have been specifically regulated under Law 7/1989 and its amendments.
As far as we are concerned, Law 7/1989 does not specifically address the revocation of lawsuits, thus the provision on the revocation of lawsuits in the Religious Courts refers to the civil procedural law applicable to courts within the general court, namely the provision under Rv as described above.
It should be noted that in terms of the revocation of divorce cases, the High Court Judge of Bengkulu Religious High Court, Sarwohadi, in his writings About the Revocation of Lawsuits explains that in divorce cases, if the revocation of the lawsuit is carried out before obtaining the defendant's approval or after obtaining an answer from the defendant but the defendant agreed to it, one day the claim may be re-filed (p. 2).
How to Revoke Divorce Lawsuits in Religious Courts
Yahya Harahap in the Civil Procedure Code: On Lawsuits, Trials, Confiscations, Evidence and Court Decisions (pp.89-92) explains that there are 2 ways to revoke a lawsuit in terms of whether or not a case has been examined in court.
1. If the lawsuit has not been examined in court
The revocation of a divorce lawsuit that has not yet been examined in court becomes the absolute right of the plaintiff and does not require the consent of the defendant, which is to be carried out in the following way.
- Revocations are carried out by letter.
- Intended and submitted to the head of the court.
- Contain an affirmation of revocation of the lawsuit. Revocations which are undertaken verbally are invalid in principle and should be rejected. However, it can also be justified on conditions.
- Revocations are carried out in front of the head of the court or registrar.
- For the revocation concerned, a deed of revocation is drawn up, signed by the plaintiff and the head of the court/registrar, with the aim of creating and developing legal certainty as well as being evidence of the truth of the revocation.
- The head of the court shall complete the judicial administration of the revocation.
- In the event that the court summons has not yet been delivered to the defendant, the head of the court shall simply order the registrar to cross out the case from the register book.
- If the court summons has been delivered to the defendant, the judicial administration actions which must be completed by the head of court or panel are:
- order the bailiff to deliver the revocation notice to the defendant;
- notice of revocation may be submitted on the day of the determined hearing/trial; and
- order the registrar to remove the case from the register book.
2. If the lawsuit has been examined in court
- Revocations are carried out in court.
If the case has been examined, at least the defendant has submitted an answer, then the revocation must be carried out and submitted by the plaintiff at a court session which is attended by the parties. Ex-parte lawsuit revocations (without the presence of the defendant) are not permitted.
- Request the defendant's consent.
The panel of judges then asked for the opinion of the defendant. The defendant may be given a timeframe to think and provide an answer in relation to his or her consent.
If the defendant rejects the revocation of the lawsuit, then the panel of judges must:
- Comply with rejection.
- Submit a statement in court to continue the examination in accordance with the applicable provisions.
- Order the registrar to record the refusal in the official report of the trial, as authentic evidence of said refusal, and it is not necessary to include it in a stipulation or interlocutory decision.
If the defendant approves the revocation of the lawsuit, then the panel of judges must:
- Issue of a decision or determination of revocation, which results in the settlement of the lawsuit (case) being final, i.e. the dispute between the plaintiff and the defendant ends.
- Order the revocation of the case from the register on the reasons for the revocation.
In answer to your question, as a plaintiff, you are legally entitled to revoke a divorce lawsuit. Since the case has not yet been examined in court, you may submit a revocation letter to revoke your divorce lawsuit to the head of the Religious Court without the need for permission/approval from the defendant.
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These are the answers we can provide, we hope you will find them useful.
- Reglement op de Rechtsvordering;
- Law Number 7 of 1989 on the Religious Judiciary as amended by Law Number 3 of 2006 on the Amendment to Law Number 7 of 1989 on the Religious Judiciary as amended for the second time by Law Number 50 of 2009 on the Amendment to Law Number 7 of 1989 on the Religious Judiciary.
- Yahya Harahap. Hukum Acara Perdata: Tentang Gugatan, Persidangan, Penyitaan, Pembuktian, dan Putusan Pengadilan. Jakarta: Sinar Grafika, 2017;
- Sekitar Pencabutan Gugatan, accessed on Friday, 9 September 2022, at 10.30 West Indonesian Time (zone).
 Article 272 Reglement op de Rechtsvordering (“Rv”).
 Article 54 Law Number 7 of 1989 on the Religious Judiciary (“Law 7/1989”).