Tahapan Sidang Perceraian Pengadilan Agama [Sidang Pertama]

Summary

This video explains the stages of the first divorce hearing in an Indonesian religious court (Pengadilan Agama). It covers the registration of the lawsuit, summons delivery, court procedures, identity verification, and the role of legal representation. The judge attempts mediation between the plaintiff and defendant, with the option of electronic filing. The video also details the consequences of the parties' absence at the hearing, including the potential continuation of the case without them. Overall, it provides a clear guide to understanding the divorce process in a religious court.

Takeaways

• 😀 The divorce lawsuit is registered at the religious court, and the court official will summon both the plaintiff and the defendant to attend the trial.
• 😀 If the defendant is not found at their home, the summons will be delivered through the local village head or community leader.
• 😀 Both parties must bring identification documents to the court, and if they are represented by a lawyer, the lawyer’s credentials will be checked.
• 😀 If the case is filed online, the judge will ask the defendant if they agree to continue the case electronically.
• 😀 Before entering the courtroom, both the plaintiff and defendant must read and understand the court's rules and regulations.
• 😀 The judge will first attempt to mediate the dispute between the plaintiff and defendant to see if an amicable resolution is possible.
• 😀 If mediation is successful, the plaintiff may withdraw the lawsuit.
• 😀 If mediation fails, the judge will explain the mediation process and allow the parties to choose a mediator from a provided list.
• 😀 If the defendant fails to attend the trial, the lawsuit may be accepted by default unless there is no legal basis for the case.
• 😀 If the plaintiff fails to attend the trial, the case will be dismissed, and the plaintiff will be required to pay the court fees.
• 😀 In special circumstances, such as when the plaintiff's home is far away or the power of attorney is incomplete, the judge may reschedule the trial and issue another summons.

Q & A

What is the first step in the divorce lawsuit process at the religious court?

The first step is the registration of the divorce lawsuit at the religious court. After registration, the court officer will deliver a summons to both the plaintiff and defendant.

What happens if the defendant is not at home when the court officer tries to serve the summons?

If the defendant is not found at home, the summons will be delivered through the local village head or village chief.

What should the plaintiff and defendant do once they arrive at the court?

Upon arrival, both parties should go to the waiting area, take a queue number, and wait until they are called to the courtroom.

What documents do the plaintiff and defendant need to bring to the first hearing?

Both parties must bring their identity cards. If they are represented by lawyers, the lawyer must provide a power of attorney, advocate ID, and the advocate's oath document.

What happens if the lawsuit is filed electronically?

If the lawsuit is filed electronically, the judge will explain the process and ask the defendant if they agree to proceed with an electronic trial. If the defendant agrees, the trial is paused to allow them to create an account in the system, and then the trial resumes.

What is the role of the judge during the first hearing?

The judge will verify the identities of both parties, check the completeness of the legal documents, attempt to mediate reconciliation, and explain the mediation process if necessary.

What happens if the plaintiff and defendant are not able to reconcile during the hearing?

If reconciliation is not achieved, the judge will explain the mediation process in detail and give the parties the option to choose a mediator from a list. The judge will then schedule a mediation session.

What happens if the defendant does not attend the first hearing?

If the defendant has been properly summoned and fails to attend the hearing, the judge may grant the divorce without the defendant's presence, unless the lawsuit lacks legal grounds.

What happens if the plaintiff fails to attend the first hearing?

If the plaintiff fails to attend the hearing, their lawsuit will be dismissed, and they may be ordered to pay court fees. In certain cases, the judge may reschedule the hearing and re-summon the plaintiff.

Can the lawsuit proceed if the defendant agrees to an electronic trial?

Yes, if the defendant agrees to the electronic trial process, the court will continue the proceedings electronically, and both parties will be required to use the designated electronic system for their case.