TEKNIS PENYUSUNAN PUTUSAN & KEPASTIAN HUKUM: STANDARISASI AMAR PUTUSAN PEMBATALAN DALAM PERKARA EX-PARTE DAN IMPLIKASINYA TERHADAP EKSEKUSI, HAK BANDING, DAN PERLINDUNGAN PIHAK TIDAK HADIR

Abstract

The high rate of default (verstek) verdicts in Religious Courts creates a dilemma between judicial efficiency and the protection of fundamental human rights. Often, ex-parte annulment or divorce verdicts are drafted with minimal and detailed operative orders (amar), leading to difficulties in execution and potential violations of the right to defense for absent parties. The Supreme Court Circular Letter (SEMA) Number 1 of 2025 emphasizes the necessity of legal certainty and substantive justice protection, even in cases decided ex-parte. This article aims to analyze the importance of standardizing the technical drafting of operative orders in ex-parte annulment cases and to examine their implications on execution processes, appeal rights, and legal protection for absent parties. The research employs normative legal research methods with statutory and conceptual analysis approaches. The results indicate that the standardization of verdict drafting—specifically regarding proof of valid summons, details of parties' rights, and explicit explanations of legal remedies (verzet and banding)—is a key instrument for realizing legal certainty. Technical irregularities in the operative orders can lead to the annulment of execution at the cassation level due to formal defects. This article concludes that the application of SEMA 1/2025 in verdict drafting balances judicial efficiency with guarantees of due process of law for absent parties.