{"title":"离婚中的当然权利:","authors":"Mulida Hayati, N. Ali","doi":"10.21093/mj.v21i1.4219","DOIUrl":null,"url":null,"abstract":"Abstract \nTheoretically, 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. \nKeywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant","PeriodicalId":31362,"journal":{"name":"Mazahib","volume":" ","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2022-07-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"1","resultStr":"{\"title\":\"Ex-Officio Rights in Talak Divorce:\",\"authors\":\"Mulida Hayati, N. Ali\",\"doi\":\"10.21093/mj.v21i1.4219\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract \\nTheoretically, 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. \\nKeywords: Ex-Officio, Ex-wife Rights, Judges’ Considerations, Talak, Civil Servant\",\"PeriodicalId\":31362,\"journal\":{\"name\":\"Mazahib\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2022-07-11\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"1\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Mazahib\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21093/mj.v21i1.4219\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Mazahib","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21093/mj.v21i1.4219","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 1
摘要
从理论上讲,法官在离婚案件中有当然保护妇女和儿童权利的权利。本研究考察了法官在适用与原告职业Pegawai Negeri Sipil (PNS,印度尼西亚公务员)和非公务员相关的当然权利时的考虑。这项规范性法律研究采用了案例研究和概念方法。本研究的资料收集方法来自访谈、文献内容和文献回顾。这项研究强调了几个要点。首先,法官适用当然权利的理由,参考了2019年第16号法律第41条(c)款和最高法院院长关于在法院执行司法指导方针的第KMA/032/SK/IV/2006号法令。其次,法官们的决定并不违背“极度Petita原则”,因为考虑是基于逻辑论证和事实,如丈夫的赚钱能力、妻子的奉献和妻子的忠诚。法官判决公务员离婚案件的法律依据与普通离婚案件相似。离婚案件的区别只是在公务员离婚案件中增加了有关公务员的规定。关键词:当然权利,前妻权利,法官考量,塔拉克,公务员
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