LEGAL CERTAINTY IN DIVORCE PETITIONS AGAINST MILITARY HUSBANDS: A VAN APELDOORN PERSPECTIVE (Study of Decision No. 5604/Pdt.G/2022/PA.Bwi)

Marriage and divorce for civil servants are regulated under Government Regulation Number 45 of 1990, while for soldiers, it is governed by the Regulation of the Commander of the Indonesian National Army Number 50 of 2014. In Decision Number 5604/Pdt.G/2022/PA.Bwi, the panel of judges did not include the divorce permission certificate from the supervisor of the defendant's TNI institution in the court's decision. This study employs a normative juridical research method with a case approach. Data was obtained from documents, including Supreme Court decisions and relevant literature, to support the analysis. The results show that, in the divorce case, the judge's decision was in line with the first parameter, as it adhered to existing laws and regulations. However, the second parameter was not met, as the panel of judges ignored the certificate from the defendant's TNI institution supervisor. This oversight has the potential to result in administrative penalties for the defendant, such as delays in career promotions. According to Van Apeldoorn, legal certainty was not fulfilled in this decision, as legal certainty implies legal security for the parties involved. However, the panel of judges is also bound by the principles of fast, simple, and low-cost justice in fulfilling the rights of justice seekers.