DETERMINATION OF IDDAH SUPPORT THROUGH EX OFFICIO JUDGES' EX OFFICIO RIGHTS IN VERSTEK TALAK DIVORCE CASES

Authors

  • Muhammad Fadhil Universitas Prima Indonesia, Medan, Indonesia
  • Muhammad Hendra Universitas Prima Indonesia, Medan, Indonesia
  • Dewi Ervina Suryani Universitas Prima Indonesia, Medan, Indonesia

DOI:

https://doi.org/10.33603/hermeneutika.v7i2.8724

Keywords:

Verstek Talak Divorce, Iddah Income, Judge Ex Officio Rights

Abstract

This study aims to answer the problem of determining iddah maintenance through the ex officio rights of judges in verstek divorce cases. Divorce cases involving verstek talak mean that the wife has never been present at the divorce hearing and has not filed a claim for her right to support her iddah after the divorce. Even though Article 41 of the Marriage Law and Article 149 of the KHI regulate the husband's obligation to provide iddah maintenance to his divorced wife. The form of research used in this study is normative juridical research (library research) with a statutory approach. This normative legal research is based on secondary legal material obtained through data collection techniques of library studies and the data obtained is then analyzed using descriptive-qualitative methods. This study found that although Article 178 HIR paragraph 3 and Article 189 RBg Paragraph 3 state that judges are prohibited from passing decisions on cases that are not prosecuted or granted more than what is demanded, there are specificities in the procedural law of the Religious Courts as stipulated in Article 54 Law Number 3 2006 concerning Amendments to Law Number 7 of 1989 concerning Religious Courts. The basis for implementing the ex officio right to determining iddah maintenance in cases of verstek divorce is Article 41 letter c of Law Number 1 of 1974 which reads "The court may oblige the ex-husband to provide subsistence expenses and or determine an obligation for the ex-husband".

References

A. Mukti Arto, Discovery of Islamic Law for the sake of Realizing Justice (Proportionally Application of Judge Findings, Ultra Petita and Ex Officio Hakim), Pustaka Pelajar, Yogyakarta, 2018.

Achmad Warson Munawwir, Al-Munawwir, Pustaka Progresif, Yogyakarta, 1997.

Adib Bisri and Munawwir Al Fatah, Al-Bisri Dictionary, Pustaka Progresif, 1999.

Akmaluddin Syahputra, Indonesian Civil Law, Volume 1, Citapustaka Media Perintis, Bandung, 2011.

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Published

2023-08-27

Issue

Vol. 7 No. 2 (2023): HERMENEUTIKA : JURNAL ILMU HUKUM

Section

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