Mazahib | VOL. 21

Ex-Officio Rights in Talak Divorce:

Publication Date Jul 11, 2022


Abstract Theoretically, judges have the ex-officio rights to protect the rights of women and children in divorce cases. This study examines the judges' considerations in applying Ex officio rights associated with the plaintiff's profession as Pegawai Negeri Sipil (PNS, Indonesian Civil Servant) and non-civil servant. This normative legal research employed a case study and conceptual approach. The data collection techniques of this study were obtained from interviews, document content, and literature review. This study highlighted several essential points. First, the judges’ reasoning for applying ex-officio rights, which is referred to the Article 41 paragraph (c) of Law Number 16 of 2019 and the Decree of the Chairman of the Supreme Court Number: KMA/032/SK/IV/2006 concerning the Enforcement of Guidelines for Administration of Justice in Court. Second, the judges’ decision did not contradict the Ultra Petita principle since the considerations are based on logical arguments and facts such as the husband’s earning capacity, the wife’s devotion, and the wife’s loyalty. The legal basis of judges' decisions on divorce cases involving civil servants is similar to ordinary divorce cases. The divorce case is only distinguished by the addition of the regulations concerning civil servants in the divorce case of civil servants. Keywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant


Civil Servants Divorce Cases Indonesian Civil Servant Non-civil Servant Justice In Court Essential Points Logical Arguments Conceptual Approach Ordinary Cases Rights Of Children

Round-ups are the summaries of handpicked papers around trending topics published every week. These would enable you to scan through a collection of papers and decide if the paper is relevant to you before actually investing time into reading it.

Climate change Research Articles published between Jan 23, 2023 to Jan 29, 2023

R DiscoveryJan 30, 2023
R DiscoveryArticles Included:  3

Climate change adaptation has shifted from a single-dimension to an integrative approach that aligns with vulnerability and resilience concepts. Adapt...

Read More

Coronavirus Pandemic

You can also read COVID related content on R COVID-19

R ProductsCOVID-19


Creating the world’s largest AI-driven & human-curated collection of research, news, expert recommendations and educational resources on COVID-19

COVID-19 Dashboard

Disclaimer: All third-party content on this website/platform is and will remain the property of their respective owners and is provided on “as is” basis without any warranties, express or implied. Use of third-party content does not indicate any affiliation, sponsorship with or endorsement by them. Any references to third-party content is to identify the corresponding services and shall be considered fair use under The Copyright Law.