PENERAPAN PRINSIP ASAS AUDI ET ALTERAM PARTEM DALAM PUTUSAN VERSTEK PADA PERKARA (Studi Putusan Nomor 0535/Pdt.G/2021/Pa.Bks)

Pratiwi, Winda Hayati Galuh (2025) PENERAPAN PRINSIP ASAS AUDI ET ALTERAM PARTEM DALAM PUTUSAN VERSTEK PADA PERKARA (Studi Putusan Nomor 0535/Pdt.G/2021/Pa.Bks). Sarjana (S1) thesis, Universitas Islam 45 Bekasi.

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Abstract

Winda Hayati Galuh Pratiwi. 41182941180005. APPLICATION OF THE PRINCIPLE OF AUDI ET ALTERAM PARTEM IN THE VERSTEK DECISION IN CASE (Study of Decision Number 0535/Pdt.G/2021/Pa.Bks). Ahwal Al-Syakhshiyyah, Faculty of Islamic Studies, Islamic University 45 Bekasi, (1446/2025). (82 Pages + 12 Pages). The quality of teacher performance in an educational institution greatly This research is motivated by the importance of the audi et alteram partem principle in the judicial system, which guarantees the right of each party to be heard in court. However, in practice, default decisions (decisions without the presence of the Defendant) often occur, which raises questions regarding the fulfillment of this principle. The urgency of this research lies in the analysis of how the Bekasi Religious Court applies this principle in the default decision case in case Number 0535/Pdt.G/2021/Pa.Bks, as well as the judge's considerations in issuing the decision. The purpose of this study is to determine the application of the audi et alteram partem principle and the judge's considerations in default decisions at the Bekasi Religious Court. The research method used is normative legal research with a case study approach. Data were collected through a study of the decision documents for case Number 0535/Pdt.G/2021/Pa.Bks and related legal literature. Data analysis was carried out descriptively qualitatively to describe how the audi et alteram partem principle was applied in the trial process and the judge's legal considerations in issuing default decisions. The findings of the study indicate that the principle of audi et alteram partem in case Number 0535/Pdt.G/2021/PA.Bks has been applied formally procedurally by the Bekasi Religious Court. The defendant has been legally and properly summoned three times, which is an attempt by the court to provide an opportunity to be heard. The judge's consideration in issuing a default decision is based on the absence of the defendant after a legal and proper summons, in accordance with Article 125 paragraph (1) HIR, as well as the purpose of the default institution as a manifestation of the principle of audi et alteram partem to encourage the presence of parties and achieve legal certainty. However, there is room for improvement in guaranteeing the rights of the defendant who is absent, such as more in-depth address verification and a clearer explanation of the legal consequences in the summons. Keywords: Default Decision, Audi Et Alteram Partem Principle, Divorce Lawsuit.

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