Perceraian Ghaib Menurut Hukum Perkawinan Di Indonesia

Unseen/mafqud divorce is a divorce petition submitted by one of the parties to the Court without the whereabouts of the Defendant or Respondent being clearly unknown. This unseen/mafqud divorce is regulated in the Marriage Law, Government Regulations, Civil Code and the Compilation of Islamic Law. One example of an unseen divorce case is case number 3156/Pdt.P/2017/PA.Sda. The mechanism for an unseen divorce is the same as a contested divorce or talak divorce, except that there is an absolute requirement for submitting a request for an unseen divorce, namely by attaching a certificate of disappearance of the Defendant/Respondent from the village where the Defendant/Respondent resides. . Apart from that, the consequences of a ghaib/mafqud divorce for the parties are that the status between the wife and husband becomes clear, Ba'in Sughraa, where the ex-husband and ex-husband cannot reconcile without a new contract, an iddah period (waiting period). ) for the wife so that she is not allowed to remarry before her iddah period has been completed, the verstek decision which is the result of the Defendant/Respondent not attending the unseen divorce hearing, this unseen/mafqud divorce also has an impact on child maintenance, and also has an impact on joint assets (gono-gini) assets obtained by husband and wife at the time of marriage. . This research is research with a normative juridical approach based on existing marriage laws in Indonesia, legal theory and expert opinions. The results of this research show the role of law in Indonesia in regulating supernatural divorces that occur in society to find out about the regulations for unseen divorces based on existing marriage laws in Indonesia and to be able to know and understand the legal consequences that occur for the parties carrying out unseen divorces.