Legal Study of Divorce Lawsuit Mechanism Against Absent Husband According to Indonesian Marriage Law

Authors : R. Fahmi Natigor Daulay; Beverly Evangelista
article cite 0 Year 2025
source: JIHAD Jurnal Ilmu Hukum dan Administrasi
Abstract

Divorce lawsuit against absent husband is a legal remedy for wives abandoned by their husbands without clear residence information. This research analyzes the legal mechanism of divorce lawsuits against absent husbands based on Law No. 1 of 1974 on Marriage and Islamic Law Compilation. The research method uses normative juridical approach with secondary data of descriptive nature. Results show that absent husband divorce procedures are regulated in Article 20 paragraph (2) of Government Regulation No. 9 of 1975 and Article 138 of Islamic Law Compilation, with summons through announcements on court bulletin boards and mass media. Implementation follows ordinary divorce lawsuit procedures with additional requirements including village certificate stating the unclear domicile of the defendant.


Concepts :
Gender and Women's Rights
Indonesian Legal and Regulatory Studies
Marriage and Family Dynamics
article cite 0 Year 2025 source JIHAD Jurnal Ilmu Hukum dan Administrasi
SDGs
Gender equality
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