Putusan Verstek terhadap Pemanggilan Tergugat dalam Perkara Perceraian (Analisis Putusan Nomor 655/PDT.G/2024/PA.MLG)

In deciding a divorce case, the Panel of Judges can impose a verdict based on the absence of the Defendant who has been properly summoned twice. However, there is an inequality in the number of times the summoning tolerance limit in several judges' decisions. As illustrated in case No. 652/Pdt.G.2024/PA.Mlg where the Defendant was only summoned twice and did not attend, supported by the results of the summons, witness testimony and the lawsuit was legally reasonable. Thus, the judge decided the case by verstek. This study aims to determine the factors that are the basis for the consideration of judges of the Malang Religious Court in handing down decisions by verstek and to find out how the application of justice in verstek decisions. The method used is sociological juridical which is carried out with a socio legal approach by comparing and analyzing das sein and das sollen. This research aims to find out the factors that become the basis for consideration of Malang Religious Court judges in handing down decisions by verstek and to find out how the application of justice in verstek decisions. The method used is sociological juridical which is carried out with a socio legal approach by comparing and analyzing das sein and das sollen. The author uses primary data, namely observation results at the Malang Religious Court along with case files at the law office of Yh and Partners and secondary data, namely HIR, RBg and Jurisprudence. This research shows that the non-uniformity of the number of proper and legal summons, before the determination of the verstek decision is due to the absence of a legal basis related to the tolerance limit for summoning the Defendant. Thus, the assessment of a verstek decision in a divorce case becomes subjective and this has an impact on legal uncertainty and the potential for injustice. Therefore, the Supreme Court should make provisions in the form of PERMA or other provisions related to the tolerance limit for summoning to avoid differences in interpretation and as a guide in examining and deciding verstek.