Principles of Substantial Justice in Verstek Divorce Cases Regulation in Indonesia

Abstract

The trend of resolving divorce cases through the verstek procedure has empirically dominated the resolution of divorce cases in Indonesia. Even though the verstek procedure is legal and based on law, it has several weaknesses and leaves a feeling of injustice. The problems studied in this research include: First, how to construct verstek arrangements in a divorce legal system based on substantial justice. Second, what is the ideal concept of verstek regulation in resolving divorce cases based on the principles of substantial justice in Indonesia? The research method is normative legal research based on secondary data, with a philosophical, statutory and conceptual approach. The research results conclude: first, the construction of verstek regulations as regulated in Article 125 HIR/149 RBg does not fully accommodate the substantial aspects of a divorce case examination process. Second, ideally the regulation of verstek in the examination and resolution of divorce cases prioritizes "equality and protection of the interests of the parties" as the basis and part of the principles of substantial justice.