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Journal : Referendum

Putusan Verstek Terhadap Perkara Cerai Gugat Suami Ghaib di Pengadilan Agama Surabaya: (Putusan Nomor 1301/Pdt.G/2024/PA.Sby) Dewinda Ari Fitriyani; Indah Purbasari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.254

Abstract

Marriage is a sacred relationship that occurs between a man and a woman with the aim of building a prosperous family. However, in reality, family life can face various situations that cause unhappiness and lead to the dissolution of a marriage. One example of divorce is when a husband disappears without a trace, leaving his wife behind. This research aims to explain and examine the supernatural divorce case based on decision number 1301/Pdt.G/2024/PA.Sby and analyze the judge's considerations in making decisions regarding the case. This research uses normative legal methods, with data collection techniques through literature review. The judge's reasons in cases of unseen divorce include the absence of the defendant whose whereabouts have not been identified or who have been declared missing, as well as the existence of documents from the sub-district explaining the ignorance of the position of the party concerned. The trial can be terminated in verstek if the defendant, having been legally summoned by the court, is still absent for no apparent reason..
Permohonan Penetapan Perkara Dispensasi Kawin Pada Pengadilan Agama Surabaya: (Studi Putusan: 2194/Pdt.P/2024/PA.Sby) Ayu Mutiara Risky; Indah Purbasari
Referendum : Jurnal Hukum Perdata dan Pidana Vol. 1 No. 4 (2024): Desember : Referendum : Jurnal Hukum Perdata dan Pidana
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/referendum.v1i4.255

Abstract

Marriage dispensation is a civil case, namely granting permission to prospective brides and grooms who wish to marry but are prevented by age requirements according to the provisions of Law Number 16 of 2019. Marriage is a sacred thing to form a family. The Religious Court is the place where marriage dispensation cases are filed. Compelling reasons with supporting evidence must accompany the case application. This article is using normative research, and the Statue Approach and Case Approach research types. This research aims to analyze the decision of the Surabaya religious court number 2194/Pdt.P/2024/PA.Sby. This article covers the chronology of the trial, Judge considerations, and factors that influence the judges to rejector grant request for the marriage dispensation.