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All Journal AL-HUKAMAÂ´ Journal of Sharia Economics Qawanin: Journal of Economic Syaria Law MAHAKIM: Journal of Islamic Family Law

Abdullah Taufik

IAIN Kediri

Author-ID : 2632343

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document

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Articles

Title

Putusan Verstek Pengadilan Agama Pada Cerai Talak Perspektif Keadilan Gender Abdullah Taufik
MAHAKIM Journal of Islamic Family Law Vol 2 No 2 (2018): July 2018
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Verstek’s decision is one of the court legal products that can have permanent legal force if there is no resistance effort (Verzet) from the defendant Verstek’s decision was dropped by a judge because the Tegugat (Respondent) who had been summoned should not come without giving reasons that could be justified by law. The verstek decision is based on article 126 HIR (Herzien Inlandsch Reglement) which states; The absence of the defendant at the first hearing immediately gave the judge the authority to decide on the verstek Resign the session and call the defendant once again Verstek’s decision which is an item of civil procedural law in general is also applied in the civil procedure law of the religious court. Therefore, in dealing with civil divorce cases in religious courts, judges can apply the verstek verdict. negative impact on the wife because in the verstek decision the wife is in a weak position, so that with the verstek verdict she has lost her right to defend herself, even though there is an opportunity to fight (Verzet) but it depends on the quality of the personnel from in terms of economics and education, judges must therefore be wiser in imposing Verstek decisions on divorce divorce cases so that there is an opportunity for the wife to provide information related to her personality so as to create gender equality in the court.

Analisis Keadilan Hukum Putusan Verstek Pada Perkara Cerai Talak No. 0520/Pdt.G/2014/PA. Kab. Kediri Abdullah Taufik
MAHAKIM Journal of Islamic Family Law Vol 3 No 2 (2019): July 2019
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Verstek’s decision is a decision handed down by the judge without the presence of the defendant or respondent at the trial, the principle that the judge is authorized to make a decision or not without the presence of the defendant at the trial so that the judge has facultative rights, in this case referring to article 126 HIR (about verstek) as a reference: 1. The absence of the defendant at the first hearing that authorized the judgeimmediately to decide on the verstek 2. Delay the session and call the defendant once again. In such legal cases / events, the position of the defendant / defendant in the divorce case is always in a weak position, especially if the respondent is a woman, with all her limitations she will always be passive and difficult to provide resistance is most likely caused by the following factors: a. Unclear address; b. The call (relas) for the trial does not arrive; c. Lack of understanding procedures in court proceedings and reluctance to consult; d. More resigned and accept fate

Co-Authors Davinta Fistiyanti Dea Putri Anggraini Evi Nurvita Sari Faridatul Fitriyah Ilham Tohari Imam Annas Mushlihin M. Mahdil Mawahib Syaiful Bahri Trivita Octaviana

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Journal : MAHAKIM: Journal of Islamic Family Law