Analysis of Judges' Decision on Witness Divorce Evidence in Donggala Religious Court

  • Usman Usman Department of Islamic Family Law, Universitas Islam Negeri Datokarama Palu
  • Abidin Abidin Department of Islamic Family Law, Universitas Islam Negeri Datokarama Palu
  • Lukman S. Thahir Department of Islamic Family Law, Universitas Islam Negeri Datokarama Palu
Keywords: Judges decision, witness, divorce, religious court

Abstract

A judge's decision or commonly called court decision, is a written statement made  by a judge as a government  official who has been authorized to do so. The statement is made  in a court case and it is open to the public after going through procedural law processes, to resolve or end a case to create legal certainty and justice for the disputing parties. This study used a qualitative case study approach. Data was collected through direct observation, in-depth interviews, and written material analysis. The results of this study show that the judges examining, deciding, and resolving divorce cases based on Indonesia marraige laws and regulations. Witness evidence considered by the Panel of Judges is a witness that meets the formal and material requirements. One of the material requirements is that the witness testifies to what he has seen, heard, and experienced, not to hear other people's stories. Civil procedural law witnesses who do not personally witness an event which is the reason for the parties to a lawsuit in court, is called de auditu testimony.

Published
2022-12-12
How to Cite
Usman, U., Abidin, A., & S. Thahir, L. (2022). Analysis of Judges’ Decision on Witness Divorce Evidence in Donggala Religious Court. INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY, 4(2), 39-49. https://doi.org/10.24239/ijcils.Vol4.Iss2.50
Section
Articles