Pelaksanaan Upaya Perdamaian dalam Perkara Perceraian (Suatu Kajian terhadap Putusan Verstek pada Mahkamah Syar’iyah Bireuen) (original) (raw)

2018, Jurnal Penelitian Hukum De Jure

for that the judges must attempt to reconcile the parties on each proceeding effectively and optimally to prevent the divorce. However in practices, the attempts have not been optimum rendering the number of the divorce to consistently rise, in particulars, the divorce decision in the absence of a party. This research is aimed to identify the attempt to reconcile the parties in a Divorce Lawsuit at The Shariah Court of Bireuen and the causes of the failure to reconcile which in turn leads to the issuance of in-absentia decision. The method of this research is juridical empirical. The research demonstrates that reconciliation efforts at the Shariah Court of Bireuen have not been effective and optimum to prevent the divorce in particulars in the proceedings in which one of the parties is absent. This is due to the performance of the judges that has not been effective in attempting to reconcile the parties at the court. In addition, the intentional absence of a party, for the purpose of facilitating easy proceedings of the divorce law suit and the strong intention of the parties to divorce have made the reconciliation are hard to reach, which in turn have made the judges issues the in-absentia decisions of divorce.