Critical Thinking to the Restrictions on Registration of Divorce Lawsuits at the Islamic Courts During the Pandemic in Indonesia

DOI

10.2991/assehr.k.211112.060How to use a DOI?

Keywords

Divorce lawsuit; case registration restrict; Islamic Court

Abstract

The pandemic has changed all human routines in all parts of the world, including law enforcement in Indonesia. One of the most prominent issues is access to public services at the Islamic Courts. Many registrations for divorce have exceeded the capacity of the court waiting room, forcing the court to limit the number of case registrations every day. This was intended by the court to avoid and minimize crowds while waiting in line for the trial process. But, on the other side, people who seek justice experience difficulties in accessing services; this causes the settlement of their cases to be hampered. T454his situation certainly creates unrest for the community because the case has been neglected for a long time. Does the restriction on the registration of divorce cases in the Islamic court is not contrary to existing legal principles? In this study, the authors used a normative juridical research method. The research results show that the court’s efforts to restrict the registration of new cases of divorce lawsuits on the pretext of reducing and preventing the spread of the COVID-19 virus are not a solution. The court should have made a breakthrough or innovation so that the people who seek justice can be served well, because where are the people going to complain about their fate even though the court is the last place for the community to complain about the fate of seeking justice. This situation also certainly goes against the motto “Fiat Justitia Ruat coelum” Let there be justice though the world perish. Besides that, there is a legal principle of fast, simple procedure and low cost; the hope is that court services can still run well while still prioritizing safety and also services for people who seek justice.

Copyright

© 2021 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article under the CC BY-NC license.

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TY  - CONF
AU  - Selamat Widodo
AU  - Astika Nurul Hidayah
PY  - 2021
DA  - 2021/11/23
TI  - Critical Thinking to the Restrictions on Registration of Divorce Lawsuits at the Islamic Courts During the Pandemic in Indonesia
BT  - Proceedings of the 2nd International Conference on Law and Human Rights 2021 (ICLHR 2021)
PB  - Atlantis Press
SP  - 467
EP  - 471
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211112.060
DO  - 10.2991/assehr.k.211112.060
ID  - Widodo2021
ER  -