CD Skripsi
Penyelesaian Cerai Gugat Secara Verstek Pada Putusan Nomor 270/Pdt.G/2020/Pa.Sak Di Pengadilan Agama Siak Sri Indrapura
ABSTRACT
Based on the legal system in Indonesia, the divorce process must be carried
out by way of a lawsuit in court, where the judge will act as a mouthpiece for the
husband and wife who are in litigation so that they can give a decision which is
expected to be the best solution. One of the divorce cases that need to be
highlighted is a divorce that occurs after a verstek decision from the court. This
decision is a decision issued by a judge when one of the parties (the Defendant) or
their attorney never comes to attend the trial. There is one verstek lawsuit divorce
decision that the writer will examine in this research, namely the decision of the
Siak Sri Indrapura Religious Court Number 270/Pdt.G/2020/PA.Sak. In their
verdict, the panel of judges granted the plaintiff's claim by giving a verstek unseen
verdict. This study aims to determine the extent to which the decision is able to
provide justice for the litigants, and review whether the considerations of the
panel of judges in deciding are in accordance with the applicable laws and
regulations.
The type of this research is sociological legal research, namely legal
research conducted by direct research into the field plus legal literature or
secondary data. This research will further examine the various sources of law in
the form of applicable laws or regulations related to the theory of justice and the
theory of judge's decision in the divorce process where the decision is in the form
of an unseen ruling in a verstek way.The data collection technique in this study
was the review of written information (library research). After the data was
collected, it was analyzed to draw conclusions.
From the research results, there are two main things that can be concluded.
First, the strength of the witnesses in case Number 270/Pdt.G/2020/PA.Sak has
fulfilled the requirements based on statutory regulations but is not strong because
the witness has an emotional bond with the Plaintiff. Second, the settlement in this
contested divorce was carried out with the issuance of a verstek decision because
neither the Defendant nor his attorney was present before the trial.
Keywords: Settlement–Divorce Lawsuit–Verstek–Religious Court
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