Judge Authority in Providing Justice to Children and Ex-Wives

DOI

10.2991/assehr.k.201113.065How to use a DOI?

Keywords

Rights of ex officio judge, divorce of “talak verstek”

Abstract

This paper aims at studying the implementation of the rights of ex officio judges in Religious Court of Krui in Lampung, for ex-wife and children in their divorce case, especially ‘verstek’. It questions about the considerations used by the judge in determining the burden of obligation to the husband with the right of sex officio for ex-wife and children, and about the judge’s reasons behind the use of rights of ex officio in deciding divorce verstek. It concludes that it is only judges who think progressively about using the rights of ex officio in divorce verstek decisions. Verdict of divorce verstek, accompanied by the imposition of ex-husband in the Krui Religious Court, in the burden of iddah and mut’ah or child, is still low. Since many judges are bound to formal and material legal aspects, the principles and legal reasons of the ultra petitum aspect, the absence of a wife, and the panel of judges’ concern over husbands who are unable to carry out what is charged, so that the verdict becomes useless. The consideration becomes the basis of a judge who gave a burden on the husband, based on the consideration of a sense of justice. As for the reference for the loading is the following: the husband’s financial ability and willingness of the husband, the length of marriage, nusyuz or not of wife, and the last is the age and number of children.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Jayusman
AU  - Oki Dermawan
AU  - Zuhraini
AU  - Meilina Yulien
PY  - 2020
DA  - 2020/11/13
TI  - Judge Authority in Providing Justice to Children and Ex-Wives
BT  - Proceedings of the 1st Raden Intan International Conference on Muslim Societies and Social Sciences (RIICMuSSS 2019)
PB  - Atlantis Press
SP  - 343
EP  - 347
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201113.065
DO  - 10.2991/assehr.k.201113.065
ID  - 2020
ER  -