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[CNN]
Divorce by text message sparks bizarre legal battle in Indonesia
By Kathy Quiano, CNN
December 6, 2012 -- Updated 0627 GMT (1427 HKT)
CNN.com
Jarkarta, Indonesia (CNN) -- The marriage lasted four days and ended in divorce
via text message, from the 40-year-old local politician to his 17-year-old wife.
Aceng Fikri claimed his young bride Fani Oktara was not a virgin, as she had
claimed, so he decided to end the union, his lawyer Ujang Suja'I said.
She denied it, and in turn accused Aceng -- who is the head of the district of
Garut in West Java -- of spreading baseless accusations against her. Her lawyer
Danny Suliwisjaya told CNN that Aceng had deceived his client into marriage.
Aceng caused a stir after his July wedding to Fani. Although 16 is the legal
age for marriage in Indonesia, Aceng was already married with children. Few
Muslims practice polygamy, and while it is not against the law, Indonesian
civil servants are also prohibited from taking on second spouses under strict
regulations governing their private lives.
A photo of the alleged wedding ceremony was posted on the Internet. Religious
weddings are common in Indonesia but marriages need to be civilly and legally
registered.
Aceng claimed divorcing his wife through text messaging is allowed under
Islamic Sharia law, his lawyer said.
Public outrage over the marriage, and subsequent divorce, came after Fani
reported Aceng to the police on Monday, asking that he be charged with
falsifying his marital status, fraud, defamation and unpleasant conduct.
Police are still investigating Fani's complaint; as yet, there are no charges
against Aceng.
There have since been daily protests in Garut, calling for his resignation.
The girl's lawyer, Danny Suliswijaya, told CNN she and her family decided to go
public only after months of asking Aceng for an apology.
Suliswijaya said Aceng told Fani that he was a widower.
"He said he married Fani as his only wife, so he cheated and failed to tell the
truth," Suliswijaya said. The lawyer claims Aceng also reneged on promises to
send her to university and to the minor Hajj in Mecca.
The embattled official apologized late Monday but stood by his version of the
story. "If what I did was wrong, even though it was allowed by Islamic law,
then I deeply apologize to my family and my ex-wife," he told reporters. Ujang
told CNN they will report Fani and her family to the police, seeking charges of
fraud and extortion.
"Aceng accused her of not being a virgin on the second day of their marriage
and she didn't deny it. That's why Aceng decided to end the marriage and send
her back to her parents," Aceng's lawyer said. Fani's attorney insists the
accusations are baseless.
According to his lawyer, Aceng gave the girl's family 43 million rupiah
(roughly $4,000) for her university fees and the minor Hajj trip. He says the
girl's family agreed to the settlement but continued to contact Aceng for more
money, "blackmailing the district head." Fani's attorney denies Aceng's claims,
and says all his client wanted was an apology.
Indonesian President Susilo has ordered the Home Affairs Ministry to summon
Aceng and investigate the matter. On Wednesday, Garut's local legislative
council also decided to create a special committee to look into Aceng's case.
His lawyer said the case needed "to go through legal channels," and that his
client's potential removal as district chief was not imminent: "the council has
to wait for the results of the police investigation before making a decision on
Aceng's dismissal."
Women and children's rights activists, however, welcome the investigations and
the public outcry over the case.
Muhammad Ihsan, secretary of the Commission for the Protection of Indonesian
Children or KPAI, told CNN the regent head may be held liable for a sexual
offense, if it is proven that the regent head deceived the teenage girl.
The commission says human trafficking, the illegal sex trade and the
exploitation of women are rampant, particularly in the province of West Java.
In not a few cases, parents or relatives give up their teenage daughters for
marriage, in exchange for money.
Ihsan said that when the facts of this case become clearer, it could highlight
well-known and common practices of exploiting young women.
"If a public official is allowed to get away with behavior like this, then the
public will think this is acceptable", said Ihsan.
Rudy Madanir contributed to this report.
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