Analisis Yuridis Cerai Ghaib Berdasarkan Undang-Undang Nomor 1 Tahun 1974 ( Studi Putusan Nomor 73/Pdt.G/2024 Pengadilan Agama Binjai )

Analisis Yuridis Cerai Ghaib Berdasarkan Undang-Undang Nomor 1 Tahun 1974 ( Studi Putusan Nomor 73/Pdt.G/2024 Pengadilan Agama Binjai ), Legal Analysis, Marriage, Divorce, Supernatural...

Author: SATYA EKA PUTRI K
Date: 2025
Keywords: Legal Analysis, Marriage, Divorce, Supernatural
Type: Jurnal
Category: penelitian

The essence of marriage in Islam has the aim of creating a life of sakinah, mawahdah and warahmah in human life, a husband leaving his wife for a long time is a violation of taklik talak, supernatural divorce is a case where the wife files for divorce to her husband whose whereabouts are unknown. This study explains the rules of procedure and implementation of supernatural divorce in Indonesia and also the legal analysis of supernatural divorce based on decision Number 73 / Pdt.G / 2024 of the Binjai Religious Court. There is no significant difference in supernatural court divorce cases with ordinary court divorce cases, the only difference is in the stage of summoning the Defendant and the Right to file a supernatural lawsuit, the Wife must explain in detail the reasons for filing a lawsuit supported by a certificate of supernatural husband, evidence and strong witnesses. In the right to obtain a living from the supernatural husband, the rights of the ex-wife still apply, especially the right to support the child which is the responsibility of the husband if the husband suddenly returns home at an unspecified time. The nature of the research in this writing uses descriptive analysis, the type of research uses Normative law while the data collection method uses Library Research, and the type of data in this research uses Primary and Secondary Legal Materials. The results of this study are that, in accordance with Government Regulation Article 27 Number 9 of 1975, the Court has summoned the Defendant by announcing the radio, but the Defendant did not attend. Therefore, the Defendant cannot be questioned because he was not present at the trial and did not notify others to attend. The Plaintiff submitted written evidence and witnesses. The Panel of Judges granted the Plaintiff's lawsuit by default based on Article 119 paragraph (2) letter (c) of the Compilation of Islamic Law that the divorce between the Plaintiff and the Defendant occurred with one ba'in shughra talaq.

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