Darsono, Darsono (2025) Perlindungan Hukum Terhadap Hak-hak Narapidana Dalam Kasus Perceraian Di Pengadilan Agama. Doctoral thesis, Universitas Islam Riau.

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Abstract

Limitations in attending divorce trials result in the principle of justice not being fulfilled for prisoners or inmates in defending their rights as Defendants. Limitations in attending divorce trials are a form of anxiety for the inmates. In fact, this can have a negative impact on the psychology of the inmates. This applies to convicts who are unable to use the services of an advocate as their legal representative. In fact, Article 5 letter (f) of Law Number 12 of 1995 concerning Corrections stipulates that loss of freedom is the only suffering. This research aims to answer 3 main questions: (1).How does the Supreme Court of the Republic of Indonesia attempt to protect the rights of prisoners in divorce cases? (2).What are the stages of a divorce trial that prisoners must go through? and (3).How are regulations implemented that protect the rights of convicts to attend their divorce trials in Riau Province and Riau Islands Province? This research includes legal research using a socio-juridical approach method. The data in this research was obtained through library research and field research, which was then processed using the Narrative Content Analysis method. This research concluded that (1).The Supreme Court has issued regulations in the form of Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 4 of 2020 concerning the Administration and Trial of Criminal Cases in Court Electronically. However, there is a legal vacuum in civil court trials, including prisoner divorce cases. Clear regulations are needed, both from the Supreme Court and Corrections, so as to remove the stigma that prisoner divorce matters are not important. (2). Prisoners have the right to participate in all stages of their divorce trial, including attending mediation, reading the lawsuit, answering, proving, concluding and reading the decision. (3).Efforts to provide legal protection for prisoners in divorce lawsuits at the Religious Courts in Riau Province and Riau Islands Province were less successful, because prisoners who were defendants could not attend the trial even virtually, because the Head of Prisons or Head of Detention Center did not allow it, on the grounds that there were no regulations. which govern. Cooperation Agreements between Religious Courts and Prisons or Detention Centers, as has been implemented at the Wates Religious Court and the Raha Religious Court, can overcome legal gaps, so that Defendants are able to attend divorce trials virtually.

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