Gender Justice Review of Default Divorce Decisions and Fulfillment of Iddah and Mut'ah Maintenance Rights at the Pemalang Religious Court

Abstrak

The absence of a wife in cerai talak (husband-initiated divorce) proceedings often results in disadvantages for women, particularly in securing their post-divorce entitlements such as iddah maintenance and mut’ah compensation. This situation frequently occurs in cerai talak verstek (default divorce) cases, including those adjudicated at the Pemalang Religious Court. This study seeks to explore the application of gender justice principles in default divorce rulings and to evaluate the extent to which women’s economic rights are upheld through existing legal mechanisms. Employing a qualitative approach with normative juridical and case study methods, the research analyzes selected cerai talak verstek decisions and includes interviews with judges of the Pemalang Religious Court. The findings reveal that while gender-sensitive justice has begun to be implemented, it remains inconsistent. Some judges have exercised their ex officio authority to award iddah and mut’ah to absent wives, whereas others have not. Moreover, the wife’s absence is often construed as nusyuz (disobedience), although such an interpretation is not always legally justified. In conclusion, the protection of women’s economic rights in cerai talak verstek cases still requires reinforcement, particularly through the consistent enforcement of Supreme Court Circular No. 1 of 2017 concerning the safeguarding of women’s rights in religious courts.