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Dumaria Evi Mawartiku Palamarta Br. Gultom
Universitas Sumatera Utara

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JUDGE'S PERSPECTIVE ON THE CONCEPT OF JUSTICE IN DIVORCE FOR CIVIL SERVANTS Dumaria Evi Mawartiku Palamarta Br. Gultom; Rosnidar Sembiring; Yefrizawati Yefrizawati; Afnila Afnila
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 2 No. 1 (2023): Proceedings of the 2nd International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v2i1.88

Abstract

The reason Judges give decisions for civil servants who get divorced without superiors' permission is because the principle function of court decisions is to protect in realizing social justice for all Indonesian people, trials are carried out for the sake of justice based on belief in one and only God, the principle of independence of judges, that judicial power is state power. which is independent, the principle of the court may not refuse cases, the judge is obliged to explore, follow and understand the value of law and the sense of justice that lives in society. Divorce perpetrators, both those with Civil Servant and Non-Civil Servant status, are expected to really understand and know the implications (legal consequences) for violations, in the form of not fulfilling the requirements and procedural divorce, for example for Civil Servants who will divorce and do not attach permission from his superiors
JURIDICAL ANALYSIS OF JUDGES' DECISIONS ON DIVORCE CIVIL SERVANTS WITHOUT PERMISSION FROM THE SUPERIOR Dumaria Evi Mawartiku Palamarta Br. Gultom; Rosnidar Sembiring; Yefrizawati Yefrizawati; Afnila Afnila
Proceedings of the 1st International Conference on Social Science (ICSS) Vol. 2 No. 1 (2023): Proceedings of the 2nd International Conference on Social Science (ICSS)
Publisher : Green Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/icss.v2i1.89

Abstract

Divorce is the release of the marriage bond or the dissolution of the marriage relationship. Law No. 1 of 1974 concerning Marriage defines divorce as the dissolution of a marriage, this explanation can be read in Chapter VIII (dissolution of marriage and its consequences). Anyone can experience marriage and divorce, including those who have jobs as civil servants. In accordance with PP No. 45 of 1990, if a Civil Servant wants to divorce beforehand he must report and ask for permission from his superiors to carry out the divorce. But in practice, permission from superiors as a requirement for civil servant divorce is difficult to issue from superiors who wish to divorce. So that in some cases the court gave divorce decisions to Civil Servants without a letter of permission from their superiors. This is the topic of the problem that the author wants to examine in this paper. The formulation of the problem is how and what is the basis for judges in deciding divorce cases for civil servants who do not have permission from their superiors? The legal research method used is normative juridical, namely a scientific research procedure to find the truth based on the scientific logic of law from a normative perspective. The approach used is a statutory approach that relates to the main issues related to the judge's decision in civil servant divorce cases without the permission of the leadership. Legal materials in this writing use primary legal materials and secondary legal materials. From the results of the study it was concluded that the powers of the judiciary as stipulated in Law no. No. 48 of 2009 provides power and freedom for judges to decide civil servant divorce cases whose goal is to achieve justice with legal considerations and also supporting evidence, so that whether or not there is a statement of permission from superiors to divorce, is not the main guideline in determining a judge's decision
Co-Authors Afnila Afnila Rosnidar Sembiring Yefrizawati