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Nabila Aida Farhana Lubdin; Arief Suryono

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Divorce gives rise to various legal consequences relating to the status of the parties, marital property, and the rights and obligations toward children, thereby requiring a legal mechanism that ensures legal certainty, justice, and legal protection. In practice, the parties often express their intention to divorce in the form of a Pre-Divorce Agreement Deed drawn up before a notary. This study aims to analyze the legal standing and evidentiary strength of a Pre-Divorce Agreement Deed as evidence in divorce cases decided by default judgment (verstek). The research employs a normative juridical method with a statutory approach and a case approach, focusing on the Decision of the Ngawi Religious Court Number 425/Pdt.G/2023, through a literature review of primary and secondary legal materials. The findings indicate that a Pre-Divorce Agreement Deed executed in the form of a notarial deed constitutes an authentic deed with perfect evidentiary value as written evidence in divorce proceedings. Although it cannot directly result in the dissolution of marriage, the deed is relevant to prove the existence of an agreement between the parties and the condition of a marital relationship that has irretrievably broken down. In cases decided by default judgment, the deed becomes an important basis for judicial consideration in granting the divorce petition. The implications of this study emphasize that a Pre-Divorce Agreement Deed may be lawfully and proportionately used as evidence to support the proof of grounds for divorce and to realize legal certainty in judicial proceedings.

Dewinda Ari Fitriyani; Indah Purbasari

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a sacred relationship that occurs between a man and a woman with the aim of building a prosperous family. However, in reality, family life can face various situations that cause unhappiness and lead to the dissolution of a marriage. One example of divorce is when a husband disappears without a trace, leaving his wife behind. This research aims to explain and examine the supernatural divorce case based on decision number 1301/Pdt.G/2024/PA.Sby and analyze the judge's considerations in making decisions regarding the case. This research uses normative legal methods, with data collection techniques through literature review. The judge's reasons in cases of unseen divorce include the absence of the defendant whose whereabouts have not been identified or who have been declared missing, as well as the existence of documents from the sub-district explaining the ignorance of the position of the party concerned. The trial can be terminated in verstek if the defendant, having been legally summoned by the court, is still absent for no apparent reason..  

Alfina Wildatul Fitriyah

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2022 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Every human being in this world has a dream of a peaceful and peaceful home and even aging with a partner forever, no one wants their marriage to break up halfway either couples who are still not blessed with children or who already have children. But in the household does not escape the emergence of various problems that can result in disputes that are difficult to reconcile until finally divorce becomes the final way, as happened to the Bondowoso Class 1A Religious Court with a divorce case with a verstek verdict. The purpose of this study is to analyze the ratio decidendi of judges in Handing down Verstek Verdict No.  0015/Pdt.G/2020/PA.Bdw. and to find out the legal consequences regarding the wife's rights due to divorce talaq verstek. This research uses descriptive field research with a qualitative approach method. The types and sources of this research data are primary data sources and secondary data. The data collection techniques used were observation, interviews and documentation. The results of this study can conclude that the juridical study of the verstek decision in the talaq divorce case at the Bondowoso Religious Court class 1A is based on considerations based on a summons (relaas), the Defendant has been formally and properly summoned according to law and in accordance with the provisions of Article 26 of Government Regulation No. 9 of 1975 but does not appear at the conference and does not represent to others as his attorney. In his absence, the judge held that the defendant had waived his rights, as well as from the provisions of Article 19 letter (f) of Government Regulation No. 9 of 1975 Jo Article 116 letter (f) of the Compilation of Islamic Law.