Penggunaan Hak Ex-Officio Hakim Untuk Melindungi Suami Beriktikad Baik Pada Sengketa Perceraian

Abstract

This study aims to analyze the possibility and urgency of utilizing the ex officio authority of judges in divorce cases to providelegal protection for husbands who are proven to act in good faith. Until now, the application of ex officio authority has beenmore directed toward protecting wives and children as parties considered vulnerable, which potentially leads to imbalance andgender bias. The research method employed is normative legal research with statutory, conceptual, and juridical-normativeapproaches, through a review of the Marriage Law, the Compilation of Islamic Law, civil procedural law, and Islamic legalliterature. The findings indicate that there is a legal basis and normative legitimacy for judges to provide protection to husbandsacting in good faith, including through the imposition of iwad or material compensation from the wife to the husband in divorcesinitiated by the wife. The criteria for a husband acting in good faith include fulfilling his obligations regarding alimony, treatinghis wife properly, and not violating laws or religious norms. In conclusion, the proportional and non-gender-biased use of exofficio authority can serve as an important instrument to achieve substantive justice. Thus, judges have a strategic role inensuring that divorces do not disadvantage parties who have acted in accordance with the law and Islamic principles. Thisapproach also strengthens public confidence in an objective and fair judiciary