Many Pegawai Negeri Sipil (PNS, civil servants) in Purbalingga only learn one thing when their marriage is already at breaking point: they cannot simply file for divorce the way ordinary citizens can. There is an extra layer to clear first — the izin atasan, a written permission from their superior. The Banyumas region is home to thousands of civil servants and teachers, so this touches many families in and around Purbalingga.
This article explains why divorce for a civil servant is treated differently, its legal basis, the risk of ignoring the permission rule, and the correct sequence so it does not end in a disciplinary sanction. This is general legal information, not advice on a specific case — every matter has details that need direct review.
Why a Civil Servant Cannot Divorce Straight Away
For a non-PNS citizen, divorce is simply filed at the competent court. For a civil servant, the state adds an administrative duty: a PNS who intends to divorce must first obtain permission from the pejabat yang berwenang (the authorised official — in practice, their superior). This duty sits on top of the court process, not in place of it — you still go through the ordinary hearings, but the superior’s permission must be in hand first. It is not a weapon against the spouse, but a way to keep a state official a role model in family life; that is why, before granting permission, the superior must first try to reconcile the couple.
The Legal Basis: PP 10/1983 as Amended by PP 45/1990
The permission requirement is set out in Government Regulation (PP) No. 10 of 1983 on Marriage and Divorce Permits for Civil Servants, later amended by PP No. 45 of 1990. Both remain in force today. The core provisions:
- Prior permission is mandatory — Article 3(1) of PP No. 10 of 1983 as amended by PP No. 45 of 1990 requires a civil servant intending to divorce to first obtain permission or a surat keterangan (acknowledgement letter) from the official, in writing, through the chain of command.
- The superior must attempt reconciliation — before deciding, the official summons both spouses to advise them and try to reconcile them (Article 6(3)).
- There are time limits — the superior forwards the request with a recommendation, and the official issues a written decision (granting or refusing), each within a maximum of 3 months (Articles 5 and 12).
- Only certain grounds are accepted — permission rests on the lawful grounds for divorce in Article 19 of PP No. 9 of 1975 (among them adultery, one spouse leaving the other for 2 consecutive years, serious cruelty, or continuous discord), and is refused if the reason conflicts with religion, law, or common sense (Article 7).
Permission for the Plaintiff, an Acknowledgement Letter for the Respondent
PP 45/1990 distinguishes the civil servant’s position in the case:
- A PNS as plaintiff (the party filing for divorce) must obtain written permission (izin) from the official before registering the suit.
- A PNS as respondent (the party sued for divorce) must obtain a surat keterangan (acknowledgement letter) from the official, and must report the suit in writing through the chain of command within a maximum of 6 working days of receiving it.
So even if you did not want the divorce, as a civil servant you still must report to your superior — ignoring it is as risky as ignoring the permission requirement.
The Disciplinary Risk of Breaking the Rule
This is the part most often underestimated. A civil servant who divorces without permission, or who fails to report the divorce within 1 month and any later marriage within 1 year, is subject to one of the severe-level disciplinary sanctions (hukuman disiplin tingkat berat) (Article 15 of PP No. 45 of 1990).
When these rules were drafted, the disciplinary basis was PP 30/1980; it has since been replaced twice, and the one in force now is PP No. 94 of 2021 on Civil Servant Discipline — which lists the sanctions, from light to severe (demotion through to dismissal). Articles 15 and 17 of PP No. 10 of 1983 also threaten with dismissal any civil servant who cohabits as husband and wife without a valid marriage. Because your career is at stake, never register a divorce petition before the permission is settled.
The Correct Sequence: Permission First, Then Court
The most common mistake is reversing the order. The right way: settle the permission or acknowledgement letter first, then bring the matter to the Pengadilan Agama (Religious Court, for Muslims) or the Pengadilan Negeri (District Court, for non-Muslims); the hearings themselves are the same as for any other citizen. For the lawful grounds and general stages of divorce at court, read Divorce Law in Indonesia.
Practical Steps in Purbalingga
- Draft the written letter: a request for permission (if plaintiff) or a notification of the suit to obtain the acknowledgement letter (if respondent), stating your reasons.
- Submit it through the chain of command to your superior or the authorised official at your agency.
- Attend the superior’s summons for the reconciliation attempt.
- Wait for the written decision — the permission or acknowledgement letter — before going further.
- File or respond to the case at the Pengadilan Agama Purbalingga (Muslims) or the Pengadilan Negeri Purbalingga (non-Muslims).
- Report the divorce to your superior within 1 month of the judgment becoming final and binding.
In Closing
Divorce for a civil servant is not merely a private matter — an administrative duty is attached to your status. The key is simple: obtain the permission or acknowledgement letter from your superior first, take part in the reconciliation attempt, and never pursue a divorce without the official’s written approval.
If you are a civil servant or teacher in Purbalingga, Banjarnegara, Purwokerto, Banyumas, or Cilacap who is considering divorce, make sure every administrative step is right from the start. Advokat Luthfi is ready to assist you from drafting the permission letter, guiding the process at your agency, through to the hearings at court. Your first consultation is free.