Implementation of Private International Law in Mixed Marriage Divorce Cases: A Case Study of Decision Number 313/Pdt.G/2021/PA.Dps.

This study examines the application of Private International Law principles in mixed marriage divorce cases in Indonesia, with a particular focus on Decision Number 313/Pdt.G/2021/PA.Dps rendered by the Denpasar Religious Court. Using a normative legal research method with a statutory and case approach, this research analyzes how Indonesian courts determine applicable law and jurisdiction in divorce disputes involving Indonesian citizens and foreign nationals. The findings show that the court applied the principles of lex fori and lex loci celebrationis, thereby prioritizing Indonesian national law due to the place of marriage registration and the domicile of the parties. Indonesian legal instruments, including Law Number 1 of 1974 on Marriage, Law Number 7 of 1989 on Religious Courts, and the Compilation of Islamic Law, were comprehensively used as the legal basis for adjudication. The study concludes that Indonesian law has dominant authority in resolving mixed marriage divorce cases conducted and registered within Indonesian territory, ensuring legal certainty, justice, and protection of the parties’ rights within the national legal system.