Penyelesaian Cerai Gugat Secara Verstek Pada Putusan Nomor 270/Pdt.G/2020/PA.Sak di Pengadilan Agama Siak Sri Indrapura

Abstract

Based on the legal system in Indonesia, the divorce process must be carried out by way of a
lawsuit in court, where the judge will act as a mouthpiece for the husband and wife who are in
litigation so that they can give a decision which is expected to be the best solution. One of the
divorce cases that need to be highlighted is a divorce that occurs after a verstek decision from the
court. This decision is a decision issued by a judge when one of the parties (the Defendant) or
their attorney never comes to attend the trial. There is one verstek lawsuit divorce decision that the
writer will examine in this research, namely the decision of the Siak Sri Indrapura Religious Court
Number 270/Pdt.G/2020/PA.Sak. In their verdict, the panel of judges granted the plaintiff's claim
by giving a verstek unseen verdict. This study aims to determine the extent to which the decision is
able to provide justice for the litigants, and review whether the considerations of the panel of
judges in deciding are in accordance with the applicable laws and regulations.
The type of this research is sociological legal research, namely legal research conducted by direct
research into the field plus legal literature or secondary data. This research will further examine
the various sources of law in the form of applicable laws or regulations related to the theory of
justice and the theory of judge's decision in the divorce process where the decision is in the form
of an unseen ruling in a verstek way.The data collection technique in this study was the review of
written information (library research). After the data was collected, it was analyzed to draw
conclusions.
From the research results, there are two main things that can be concluded. First, the strength of
the witnesses in case Number 270/Pdt.G/2020/PA.Sak has fulfilled the requirements based on
statutory regulations but is not strong because the witness has an emotional bond with the
Plaintiff. Second, the settlement in this contested divorce was carried out with the issuance of a
verstek decision because neither the Defendant nor his attorney was present before the trial.
Keywords: Settlement–Divorce Lawsuit–Verstek–Religious Court