Al-Tafaqquh: Journal of Islamic Law
Vol 3, No 2 (2022): July

Putusan Verstek Terhadap Perkara Perceraian di Pengadilan Agama Sungguminasa Kelas 1 B

Jamiah Tompo (Universitas Muslim Indonesia)
Nurhalifah Nurhalifah (Universitas Muslim Indonesia)
Yusri Muhammad Arsyad (Universitas Muslim Indonesia)



Article Info

Publish Date
20 Jul 2022

Abstract

­Marriage is a physical and spiritual relationship between a man and a woman as a couple who fully intends to form a happy and eternal family in the sight of God Almighty. With that there is a problem between the spouses and cannot be resolved by the second perpetrator, there is no longer any assumption until then one of the spouses or wives can apply in court. This research is a type of field research that is qualitative in nature with observation, interviews, and documentation techniques. The analytical method used in this research is using qualitative descriptive analysis techniques. This study aims to determine the verstek decision on divorce cases at the Sungguminasa Religious Court. As the results of the research, the author analyzes from what is obtained that the judge's considerations in the Verstek decision are in accordance with the applicable law in the provisions contained in Article 149 RBg/Article 125 HIR. The form of legal protection for the disputing parties is for the plaintiff if the arguments for the lawsuit are clear and have legal grounds, the lawsuit can be granted without the presence of the defendant. As for the defendant, the verstek decision was notified and informed that he had the right to give resistance (verzet) within 14 days after the verstek decision was delivered to the defendant.

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Journal Info

Abbrev

tafaqquh

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Al-Tafaqquh: Journal of Islamic Law is a peer-reviewed journal, published twice a year [January and July] by UMI, Muslim University of Indonesia. It is available online as open access sources as well as in print. Al-Tafaqquh: Journal of Islamic Law publishes articles in Islamic Law. The journal ...