Al-'Adalah
Vol 20 No 2 (2023): Al-'Adalah

The Fulfillment of Women's Rights in Verstek Decisions at Samarinda and Sangatta Religious Court

Yuni, Lilik Andar (Unknown)
Kasuma, Jati (Unknown)



Article Info

Publish Date
25 Dec 2023

Abstract

This study examines the progressivity of judges in deciding cases without the presence of the litigants (Verstek) which is linked to the fulfillment of women's rights in the Samarinda Religious Court and the Sagata Religious Court. This is because almost 80% of divorce case trials in the Religious Courts are not attended by the parties; So the case was decided by the judge through Verstek. This study was conducted to find out the influence of a Judge's progressivity on protecting the rights of women (wives) after divorcing their husbands. This research is a documentation study carried out by examining several Judges' decisions which were decided in Verstek both in cases of talaq divorce (divorce filed under the will of the husband) and contested divorce (divorce filed under the will of the wife). This study was carried out by using a case study approach combined with a legal study approach; while in the analysis stage, the author uses qualitative descriptive analysis methods. The results of the research conclude that in Verstek decisions the judges tend to be progressive in accommodating women's rights after divorce, both in cases of Talak divorce and contested divorce.

Copyrights © 2023






Journal Info

Abbrev

adalah

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

AL-ADALAH Jurnal Hukum Islam adalah jurnal ilmiah yang diterbitkan dua kali dalam setahun (Januari dan Juli) oleh Fakultas Syariah IAIN Raden Intan Lampung. Jurnal AL-ADALAH menekankan spesifikasi dalam studi-studi hukum Islam mengkomikasikan penelitian-penelitian yang berkaitan dengan studi hukum ...