PUTUSAN PENGADILAN YANG MENYATAKAN GUGATAN TIDAK DAPAT DITERIMA DALAM PERKARA GUGAT CERAI (Suatu Tinjauan Yuridis Terhadap Putusan Nomor 225/Pdt.G/2013/PA.Jambi)

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TitlePUTUSAN PENGADILAN YANG MENYATAKAN GUGATAN TIDAK DAPAT DITERIMA DALAM PERKARA GUGAT CERAI (Suatu Tinjauan Yuridis Terhadap Putusan Nomor 225/Pdt.G/2013/PA.Jambi)
Publication TypeThesis
Year of Publication2015
AuthorsKANTININGSIH, DWI
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Religion court decision in Jambi Religion Court in case number :
225/Pdt.G/2013/PA.Jambi date 17July 2013 about divorce lawsuit between a housewife
(wife) as plaintiff and men as defendant, judges give legal consideration that plaintiff is
absent in process of court which has been determined and give decision that lawsuit from
plaintiff is unacceptable (Niet Onvankelijk Verklaard). It is not accordance with the
regulation in article 124 HIR/148 Rbg which is state : if plaintiff is absent in the day of court
that has been determined or does not sent representative to attend the court than judges can
give droped decision. Based on the description, author has interest to do research by take
title of the thesis “DECISION OF COURT WHICH STATES THAT LAWSUIT IS
UNACCEPTABLE IN DIVORCE LAWSUITCASE ( Judicial Review ofDecision Number :
225/Pdt.G/2013/PA.Jambi).
The type of research is normative juridical with approaching method is statute
approach and analytical approach. This research has goal to know the legal considerations of
judges to make unacceptable lawsuit decision in divorce lawsuit case also to know legal
consequences of unacceptable lawsuit decision in divorce lawsuit case. Based on result of
research obtained conclusion that judges of Jambi Religion Court in decision making process
for case Number 225/Pdt.G/2013/PA.Jambi were not meticulous because legal consideration
of the judges about plaintiff absence in process of court which has been determined, so
judges must use article 124 HIR/ 148 Rbg which givedroped decisionand it is not
unacceptable lawsuit decision. Legal consequences of unacceptable lawsuit decision in
divorce lawsuit case then plaintiff can resubmit the lawsuit to the court with fix or eliminate
formal defect in that lawsuit.

 

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