ANALISIS KEPASTIAN HUKUM TERHADAP PENGGUGAT DAN TERGUGAT MELALUI PUTUSAN VERSTEK DALAM SENGKETA PERCERAIAN

Abstract

Marriage has many legal consequences and is a significant legal event for everyone. Therefore, all matters related to marriage are strictly regulated by law. In order to build a happy and lasting family (household) based on faith in God Almighty, a man and a woman must unite physically and spiritually as husband and wife. However, not all marriages turn out as joyful or as easy as the couple had hoped when they married. In such situations, divorce can cause the marriage to end prematurely. A divorce must meet the legal requirements set forth by law; a divorce is not valid if it is based solely on a mutual agreement between husband and wife. Furthermore, the law states that a court may only grant a divorce through a petition for divorce. For Muslims, the religious court is the competent authority to handle divorces; whereas for non-Muslims, the competent authority is the district court. In court, resolutions are often reached in the form of default judgments. A default judgment grants the judge the authority to examine and decide a case even if the plaintiff or defendant is not present at the hearing on the scheduled date. In this study, the author will discuss the legal certainty for both the plaintiff and the defendant through default judgments in the resolution of divorce disputes.