International Journal of Contemporary Islamic Law and Society
Vol 4 No 2 (2022)

Analysis of Judges' Decision on Witness Divorce Evidence in Donggala Religious Court

Usman Usman (Department of Islamic Family Law, Universitas Islam Negeri Datokarama Palu)
Abidin Abidin (Department of Islamic Family Law, Universitas Islam Negeri Datokarama Palu)
Lukman S. Thahir (Department of Islamic Family Law, Universitas Islam Negeri Datokarama Palu)



Article Info

Publish Date
12 Dec 2022

Abstract

A judge's decision or commonly called court decision, is a written statement made by a judge as a government official who has been authorized to do so. The statement is made in a court case and it is open to the public after going through procedural law processes, to resolve or end a case to create legal certainty and justice for the disputing parties. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The results of this study show that the judges examining, deciding, and resolving divorce cases based on Indonesia marraige laws and regulations. Witness evidence considered by the Panel of Judges is a witness that meets the formal and material requirements. One of the material requirements is that the witness testifies to what he has seen, heard, and experienced, not to hear other people's stories. Civil procedural law witnesses who do not personally witness an event which is the reason for the parties to a lawsuit in court, is called de auditu testimony.

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Journal Info

Abbrev

ijcils

Publisher

Subject

Religion Social Sciences

Description

The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on ...