IMPLEMENTASI KEWENANGAN EX-OFFICIO HAKIM DALAM PERKARA CERAI TALAK DI PENGADILAN AGAMA KABUPATEN KEDIRI

Abstract

This study discusses one of the judges' decisions at the Religious Court of Kediri Regency which decided ex-officio civil cases, namely deciding cases that were not in the petitum or lawsuit. Because one of the litigants has limited information and knowledge regarding legal rights. This study aims to analyze the actions of judges in exercising ex-officio authority in terms of civil procedural law and the principle of ex aequo et bono. The research method used is a qualitative research method with a juridical-normative approach. Data collection techniques using documentation techniques. From this study it can be concluded that first, the panel of judges decided ex-officio based on Article 41 letter c of the Marriage Law Number 1 of 1974 which is a special provision of the general provisions, namely Article 178 paragraph (3) HIR regarding the principle of ultra petita. Whereas special provisions are enforced before general provisions or lex specialis derogate legi generali. Second, in terms of the ex aequo et bono principle the actions of the panel of judges decided ex officio in this case, it is in accordance with what is stated in the principle that judges can get out of rigid legal provisions as long as this is done for the protection of someone's rights, in This is to protect the rights of wives and children after divorce.