Should Have Been Rejected, Maell Lee's Divorce Lawsuit Against His Wife Turns Out to Have a Wrong Domicile

Kapanlagi.com - Youtuber Maell Lee's divorce lawsuit against his wife, Intan Ratna Juwita, has entered a new phase. Prior to the interim decision from the Religious Court (PA) in Pekanbaru, Riau, Intan's attorney, Dewi Yulianti, hopes that the panel of judges will make an honest and fair decision next Monday.

This is because the divorce lawsuit filed by Maell Lee's 11 lawyers is considered to not meet the formal requirements, namely a wrong domicile lawsuit against the defendant, thus not fulfilling the relative competence of the court based on the defendant's residential address. Therefore, the panel of judges should reject the divorce lawsuit in Pekanbaru because the defendant does not reside there.

1. Wrong Domicile

Maell Lee © Instagram/intanratnajuwitaa

"The judge should have rejected the plaintiff's lawsuit due to wrong domicile," said Intan Ratna Juwita's legal representative, Dewi Yulianti, when met in Jakarta recently.

Currently, Intan Ratna Juwita lives and has a ID card in Batam City, and the plaintiff should file for divorce in the city where they live, not in another city or Pekanbaru City. According to Dewi Yulianti, this lawsuit does not meet the relative competence related to the court's authority to adjudicate a case according to its jurisdiction.

2. Lack of Authority

"One important thing when filing a lawsuit in court is to pay attention that the lawsuit to be filed by the Plaintiff is properly addressed to the competent judicial body to adjudicate the case," he said.

The Religious Court should not have jurisdiction to examine, adjudicate, and decide on cases submitted to it. Article 54 of Law Number 7 of 1989 concerning Religious Courts states that Civil Procedure Law applicable in General Courts also applies in Religious Courts, therefore the relative competence of the Religious Court is based on Article 118 Paragraph 1 of the HIR or Article 142 R.Bg jo Article 73 of Law Number 7 of 1989 concerning Religious Courts.

3. At the Edge of the Horns

"Article 118 Paragraph 1 of the Indonesian Civil Code states that a lawsuit must be filed according to the jurisdiction of the defendant," said Dewi Yulianti.

It is known that the marriage of YouTuber Maell Lee is on the rocks. Maell filed for divorce from Intan Ratna Juwita, his wife of only 10 months, at the Pekanbaru Religious Court in Riau on March 8, 2021. His divorce lawsuit is registered under case number 84/pdt.G/2021/PA.Pbr. Maell Lee's lawsuit is quite surprising as their marriage has not even reached a year.

Various problems are not only faced by Maell Lee during this pandemic. Nevertheless, always remember #IngatPesanIbu (Remember Mother's Message). Wash your hands regularly, wear a mask, maintain distance, avoid crowds, and limit mobility.

(kpl/irf/tdr)