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All Journal Jurnal Hukum Khaira Ummah Jurnal Intelektualita: Keislaman, Sosial, dan Sains SYAMIL: Jurnal Pendidikan Agama Islam (Journal of Islamic Education) Morality :Jurnal Ilmu Hukum Ganaya: Jurnal Ilmu Sosial dan Humaniora International Journal of Community Service Learning Kumawula: Jurnal Pengabdian Kepada Masyarakat Journal Of Human And Education (JAHE) Mazahib: Jurnal Pemikiran Hukum Islam SYAMIL: JURNAL PENDIDIKAN AGAMA ISLAM (JOURNAL OF ISLAMIC EDUCATION) Legal Protection for the Partnership Agreement Parties Journal of Law, Poliitic and Humanities Eduvest - Journal of Universal Studies Journal of Transcendental Law Indonesian Journal of Islamic Religious Education (INJIRE) Palangka Law Review Jurnal Pengabdian Negeri
Ali, Nuraliah
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Ex-Officio Rights in Talak Divorce: Hayati, Mulida; Ali, Nuraliah
Mazahib Vol 26 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4219

Abstract

Abstract Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant
Ex-Officio Rights in Talak Divorce: Hayati, Mulida; Ali, Nuraliah
Mazahib Vol 27 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4219

Abstract

Abstract Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant
Ex-Officio Rights in Talak Divorce: Hayati, Mulida; Ali, Nuraliah
Mazahib Vol 27 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4219

Abstract

Abstract Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant
Ex-Officio Rights in Talak Divorce: Hayati, Mulida; Ali, Nuraliah
Mazahib Vol 29 No 1 (2022): VOLUME 21, ISSUE 1, JUNE 2022
Publisher : Fakultas Syariah UINSI Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/mj.v21i1.4219

Abstract

Abstract Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant
Co-Authors Andika Wijaya, Andika Andri Winjaya Laksana, Andri Winjaya Anwar, Rosyida Nurul Aprilita, Lusya Azizah, Rochmah Nur Dewi, Yurika Fahliany Dwiputri, Ayunda Rahmayanti Evi Evi Faiza, Rohmatul Farina, Thea Fortuna, Selvia Hayati, Mulida Herlintang, Rium Ivans Januardy Khaerah, Alfi Majesty, Cherent Mardan Umar Mopoliu, Abdul Ziqron Pratama, Diaz Jorge Pratiwi, Putri Fransiska Purnama Rahmadani, Siti Amalia Saloh, Trissyeba Yuliani SALSABILA, ANNISA Satriya Nugraha Sudiarti, Elin Suriani, Rollys Suwardi, Ahmad syarpin, syarpin Tiara