The parties were married on 7 September 2010 and had one child who was currently under the care of the respondent. The parties had not been living together because the applicant's work commitments meant he was rarely able to return home. Moreover, the respondent needed to live with, and care for, her aged parents. The applicant submitted that given his high libido, and that because he could not be with the respondent, it would be preferable for him to take a second wife instead of committing adultery (zina). The respondent, the applicant submitted, had no objections to his request. The applicant also claimed that he would be able to care for both his wives and child given his monthly salary of IDR 4,650,000.
In acceding to the applicant's request, the court, pursuant to the elucidation of art 49(2)(i) of Law No. 7 of 1989 on the Religious Judiciary, noted that it had absolute authority to adjudicate the case. Furthermore, as the respondent had acceded to the applicant's request, all prescriptive requirements, as contained in art 5(1)(a) of Law No. 1 of 1974 on Marriage, in conjunction with art 41(b) of Government Regulation No. 9 of 1975, and art 58(1)(a) and (2) of the Compilation of Islamic Laws, had been met.