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JURIDICAL ANALYSIS OF JUDGES' CONSIDERATIONS IN VERSTEK DIVORCE DECISIONS DUE TO DOMESTIC VIOLENCE AND INFIDELITY (STUDY OF DECISION NUMBER 1074/PDT. G/2025/PN TNG) Wahyudi, Uway; Juliasi, Dea Ayu; Sarmadi, Ahmad; Hendani, Ranu; Anugrah, Faizal Rizal
Ekonomi Syariah : Perbankan, Hukum & Sistem Vol 3 No 5 (2025): Ekossistem Vol 3 Number 5 (April 2025)
Publisher : Yasi Learning Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17605/7zk76p93

Abstract

The assumption that a defendant's absence in domestic violence (DV) cases is always attributable to fear, coercion, or helplessness constitutes an empirically unsubstantiated generalization. In many instances, such absence may indeed reflect a voluntary waiver of the right to defend oneself, an implicit acknowledgment of the validity of the plaintiff's claims, or even a strategic maneuver to prolong divorce proceedings and inflict continued psychological distress upon the plaintiff. This study examines the judicial reasoning in Verdict Number 1074/Pdt.G/2025/PN Tng concerning a default divorce judgment rendered on grounds of domestic violence and adultery. Employing normative legal research methods through statutory and case approaches, this study aims to assess the conformity of the judicial considerations with the principles of legal certainty and substantive justice. The findings reveal that from a normative-procedural perspective, the a quo decision complied with prevailing civil procedural law and substantive marriage law. The judge duly conducted proper summons, applied Article 125 HIR/149 RBg, and grounded the ruling on Article 39 of the Marriage Law juncto Article 19 letters a and f of Government Regulation Number 9 of 1975. Accordingly, the decision is free from procedural defects or errors in legal application. However, from a sociological-substantive perspective, the verdict fails to fully realize a comprehensive sense of justice. The judicial consideration remains proceduralistic and passive, failing to exercise inherent judicial authority to order additional examinations aimed at uncovering material truth. The evidentiary process concerning domestic violence and adultery proceeded unilaterally without adequate verification mechanisms. Furthermore, the judge neglected to reference the Domestic Violence Elimination Act (Law Number 23 of 2004) as a basis for systematic interpretation and omitted consideration of post-divorce victim recovery as mandated by the Act. This study recommends a reformulation of evidentiary standards in default judgments involving domestic violence and adultery, encompassing mandatory additional examinations, integration of the Domestic Violence Elimination Act perspective, consideration of victim recovery, and the development of specialized judicial guidelines.
JURIDICAL ANALYSIS OF THE RIGHT OF DISASTER VICTIMS TO SUE AGAINST STATE NEGLIGENCE Dea, Dea Ayu Juliasi; Sarmadi, Ahmad; Zaenudin, Muhamad; Susilo, Agung; Anugrah, Faizal Rizal
Ekonomi Syariah : Perbankan, Hukum & Sistem Vol 4 No 7 (2026): Ekossistem Vol 4 No. 7 (April 2026)
Publisher : Yasi Learning Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17605/6nc09413

Abstract

The floods and landslides that struck three provinces in Sumatra in December 2025 caused significant material losses, highlighting that the state’s responsibility extends not only to disaster response but also to preventing disasters through responsive policies and consistent law enforcement. This study aims to analyze the legal basis for disaster victims' right to sue the state for negligence in disaster management. Using a normative legal research method, the study examines relevant legislation, legal doctrines, and court decisions. The results indicate that state responsibility is hierarchical and multidimensional, rooted in the welfare state concept. State negligence in disaster management is structural, encompassing epistemic, policy, and accountability failures. The victims' right to sue functions as a corrective legal mechanism supported by strong legal foundations, such as Article 1365 of the Indonesian Civil Code, the Government Administration Law, and the strict liability principle in environmental law. Thus, litigation is not merely a compensatory effort but a strategic instrument to enforce state accountability and environmental justice.