Putusan Verstek Pengadilan Agama Pada Cerai Talak Perspektif Keadilan Gender

Abstract

Verstek’s decision is one of the court legal products that can have permanent legal force if there is no resistance effort (Verzet) from the defendant Verstek’s decision was dropped by a judge because the Tegugat (Respondent) who had been summoned should not come without giving reasons that could be justified by law. The verstek decision is based on article 126 HIR (Herzien Inlandsch  Reglement)  which states;

1. The absence of the defendant at the first hearing immediately gave the judge the authority to decide on the verstek
2. Resign the session and call the defendant once again

Verstek’s decision which is an item of civil procedural law in general is also applied in the civil procedure law of the religious court. Therefore, in dealing with civil divorce cases in religious courts, judges can apply the verstek verdict. negative impact on the wife because in the verstek decision the wife is in a weak position, so that with the verstek verdict she has lost her right to defend herself, even though there is an opportunity to fight (Verzet) but it depends on the quality of the personnel from in terms of economics and education, judges must therefore be wiser in imposing Verstek decisions on divorce divorce cases so that there is an opportunity for the wife to provide information related to her personality so as to create gender equality in the court.