Putusan Verstek Perkara Cerai Gugat Di Pengadilan Agama Pekanbaru Ditinjau Menurut Perma No 1 Tahun 2016 Tentang Mediasi

Rizkia Yurev, Wahyu (2022) Putusan Verstek Perkara Cerai Gugat Di Pengadilan Agama Pekanbaru Ditinjau Menurut Perma No 1 Tahun 2016 Tentang Mediasi. Other thesis, Universitas Islam Riau.

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Abstract

Verstek decision is a decision handed down by a judge without the presence of the defendant or plaintiff at the trial, the judge has the authority to make decisions in the trial. Judges have facultative rights, as referred to in Article 126 of the HIR (regarding verstek), namely 1. Absence of the defendant at the first trial which: gives the judge the authority to immediately decide on the verstek 2. Postpone the trial and summon the defendant once again. Verstek's decision symbolizes the absence of mediation. In the Divorce Case No. 112/Pdtg/2022/Pa.Pbr At the Pekanbaru Religious Court, a verstek decision has been made. The purpose of this study was to find out the judge's considerations before making the Verstek Decision on this Divorced Case and to see the factors causing the absence of mediation in the divorce lawsuit. The research method that the author uses is normative-empirical. And the result of this thesis research is that the defendant was never present at the trial. Also has been officially summoned. The defendant's absence from the trial was caused by a legal obstacle based on Perma No.01/2016 on Mediation. The plaintiff's claim is not against the law. The reason for this is the legal consideration for making the decision in a verstek manner. The factor that causes the absence of mediation in the decision Number 112/Pdt.G/2022/P.APbr, is that during the trial only the plaintiff is always present while the defendant is never present, so in accordance with the provisions of PERMA RI Number 01 of 2016 regarding mediation procedures in court, cannot be implemented.

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