When a marriage crosses borders, the problems often do too. And in many cases, resolving them is far from simple. That reality is becoming more visible in Bali. The Denpasar Religious Court recorded 28 cases involving foreign nationals throughout 2025. These cases covered divorce, child custody, and inheritance disputes. The growing complexity has pushed Bali to propose new rules on child custody in mixed marriages through the draft Private International Law Bill.
Most of these cases center on divorce. According to Mahmudah Hayati, Deputy Chief of the court, 18 out of the 28 cases involved the separation of mixed-nationality couples. These are marriages between Indonesian citizens and foreign nationals.
The issue rarely ends with divorce. It often leads to further disputes. Child custody becomes a major concern in Bali. Asset division follows. Problems grow when decisions made in Indonesia cannot be enforced abroad.
“If a case like this happens, for example when a court ruling grants custody to the Indonesian parent, enforcing it becomes difficult because there is no kind of MOU between the two countries on how to execute the decision regarding the child. That is the problem,” Hayati said during a session at the Bali Governor’s Office in Denpasar on Monday (13/4/2026).
She pointed to a clear gap. Without agreements between countries, Indonesian court decisions cannot always be carried out. This affects not only custody cases, but also the division of assets after divorce.
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In practice, asset disputes have often been settled through compensation. One party pays the other to fulfill their share of joint property. Yet this approach raises concerns. Hayati believes it does not always deliver fair outcomes, especially for Indonesian citizens.
“As we expect our decisions to uphold dignity, once a ruling is made under Indonesian marriage law, it should also be recognized abroad,” she said.
Looking at the broader pattern, the causes behind these divorces vary. Cultural differences play a role. Economic issues add pressure. Parenting styles can also create conflict. Each case brings its own challenges, but they all fall under Indonesian law when handled by the court.
As long as Indonesian marriage law is applied, the rights of Indonesian citizens can still be protected. But enforcement beyond national borders remains a key issue.
This is why the court is pushing for change. Beyond handling cases, it is also proposing stronger legal protection. The focus is clear. Women and children in mixed marriages need better safeguards.
“So we propose that it be included in the bill, because it is important to protect women and children,” Hayati said.
The proposal has been submitted as part of the drafting process for the Private International Law Bill. It reflects a growing need to adapt legal frameworks to cross-border realities.
Because when relationships span countries, the law needs to keep up too.
