PENERAPAN HAK EX OFFICIO HAKIM TERHADAP HAK ISTRI DAN ANAK DALAM PERKARA CERAI TALAK (Studi Kasus di Pengadilan Agama Kabupaten Kediri)

Abstract

Judges besides having the task of settling cases that go to court also have the task of upholding justice, and in resolving cases the judge has a right which is closely related to the position of the judge called ex officio, ex officio is the right because of the position held by judges to decide cases that are not prosecuted for the realization of decisions that have a dimension of justice. In resolving divorce cases at the Religious Courts, judges use their ex officio rights to give the right to a living (mut'ah, iddah, madliyah, and hadlanah) to ex-wife and children, but in fact in the Religious Courts there are still many divorce decisions in which there are no divorce decisions. apply ex officio rights to cases in which there is no counterclaim Therefore, the author wants to know what causes judges not to use their ex officio rights. The purpose of this study is to determine the application of ex officio rights of judges to ex-wife and children in divorce cases at the Religious Courts of Kediri Regency and to find out the analysis according to positive law and Islamic law. This research is a qualitative research with specific empirical normative legal research, in which research examines the applicable laws or regulations as well as examines the application of these regulations, with the aim of knowing whether the statutory provisions have actually been applied so as to achieve the objectives of the parties concerned. litigants.. the results of the study found that the application of ex officio rights in the Kediri Regency Religious Court only reached 4%, this was because many cases were decided verstek so that judges could not make decisions by charging mut'ah, iddah, madliyah and hadhanah fees.