The Effectiveness of the Occult Vocation and Its Effect on the Wife's Rights After Divorce

DOI

10.2991/978-2-494069-81-7_24How to use a DOI?

Keywords

Occult Call; Divorce; Wife’s Rights after Divorce

Abstract

This study aims to examine the occult in the settlement of divorce cases at the Slawi Religious Court. Given the importance of the summons process, the court is still obliged to carry out the summons even though the residence of the defendant/respondent is unknown because based on the warrant the judge can examine, hear and decide on the case being handled. The main sub-chapter of this article is case Number. 1842/Pdt.G/2020/PA.Slw. In this case, it was found that the respondent existed and had a clear place of residence but was hidden. Thus, this causes the respondent to lose the right to answer and defend himself against the demands made by his husband because during the trial process the respondent has never received or heard a summons against him. Thus, this study aims to determine whether the implementation of the warrant in case Number.1842/Pdt.G/2020/PA.Slw is by the applicable procedural law procedures. And to find out the effectiveness and the effect of the magical summoning. This research is a type of field research, primary data sources obtained through interviews and secondary data sources obtained through laws and regulations and case decision Number. 1842/Pdt.G/2020/PA.Slw. The results of the study show that the procedure for summoning case Number.1842/Pdt.G/2020/PA.Slw is by the provisions of Article 27 of Government Regulation Number 9 of 1975 and Article 138 of the Compilation of Islamic Law calls occult made via radio, it is no longer effective because based on so many parties who do not come. Findings in the field indicate the limitations of radio frequency and the very short duration of calls during broadcasting. This also becomes an obstacle in achieving the purpose of the summons, therefore that there is very little chance for the unseen to hear the call. In addition, the occult also affects the fulfillment of the wife's rights such as unilaterally making decisions without defense and her knowledge.

Copyright

© 2022 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

Download article (PDF)

TY  - CONF
AU  - Seno Aris Sasmito
AU  - Lisa Hertiana
PY  - 2022
DA  - 2022/12/22
TI  - The Effectiveness of the Occult Vocation and Its Effect on the Wife's Rights After Divorce
BT  - Proceedings of the 1st International Seminar on Sharia, Law and Muslim Society (ISSLAMS 2022)
PB  - Atlantis Press
SP  - 232
EP  - 240
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-494069-81-7_24
DO  - 10.2991/978-2-494069-81-7_24
ID  - Sasmito2022
ER  -