ANALISIS PERTIMBANGAN HAKIM DALAM PUTUSAN CERAI GUGAT SECARA GHÂIB DI PENGADILAN AGAMA KABUPATEN KEDIRI (NOMOR PUTUSAN 2289/PDT.G/2022/PA.KAB.KDR)

Abstract

This study aims to determine the process of summoning and examination, andwhat is the basis for the judge's consideration in granting an unseen divorce case due to the death of her husband for 8 months at the Kediri Regency Religious Court (Decision No 2289/Pdt.g/2022/PA. Kab.Kdr). This research uses empirical legal research methods with a sociological approach that aims to study the problems that occur in the Kediri Regency Religious Court, especially  regarding  verstek  decisions.  From  the  results  of research  and  discussion  about  the  divorce  verdict regarding summons and examination in accordance with laws and regulations. The summons refer to Article 27 of Government Regulation No.9 of 1975 while for the examination of Article 82 of Law No.7 of 1989 Jo Law No.3 of

2006 concerning religious courts, then in deciding the case the judge uses the legal basis by basing the proposition of the unseen lawsuit divorce with importance to the benefit of the wife left behind and decides based on Article 116 letter (f) of the KHI, Where the determination of the occult husband does not have to wait for 2 years. And in this judgment it was decided verstek because the defendant never appeared in the trial, namely based on Article 125 paragraph (1) HIR

Keywords: Judge's Consideration, Divorce Lawsuit Ghaib