Certainty of Divorce Laws in Different Countries Based on Indonesian International Civil Law

Abstract

International divorce cases involving spouses from different nationalities present complex challenges that necessitate a solid grasp of private international law principles. The divorce process in Indonesia, particularly for couples with different nationalities, requires adherence to national legal regulations and applicable laws. International treaties, notably the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for addressing such cases. Recognizing and enforcing foreign divorce judgments across jurisdictions is vital to prevent multiple divorces and ensure legal certainty, necessitating coordination between countries. Child protection takes center stage in interstate divorce cases, emphasizing jurisdictional determination and the proper application of the law to safeguard the child's best interests. This research, using normative juridical methods, explores the application of international private law in inter-state divorce cases in Indonesia, shedding light on legal complexities and contributing to a deeper understanding of legal certainty. In essence, addressing interstate divorce issues involves considerations of jurisdiction, choice of law, recognition, and the protection of children's rights, making a profound understanding of international private law increasingly crucial in the context of marriages and divorces across different countries amid rising human mobility and globalization