Understanding Judicial Processes Through Divorce Hearing Observations at the Surabaya Religious Court

SURABAYA, JurnalPost.com — Observing court hearings serves as a vital learning tool for students to understand judicial processes firsthand. Through this activity, students move beyond theoretical legal concepts to see how procedural law is applied in actual courtroom practice.

The observation took place at the Surabaya Religious Court (PA) on Monday (5/10/2026), focusing on a contested divorce proceeding. The case involved a divorce petition filed by a wife against her husband.

During the hearing, the wife, acting as the plaintiff, appeared with witnesses to substantiate her claims. Meanwhile, the husband, as the defendant, did not attend the proceedings.

Despite the defendant's absence, the panel of judges continued the examination with the agenda of evidentiary witness testimony. This process illustrates that the absence of one party does not automatically lead to a hearing adjournment, provided that the requirements of procedural law have been met.

Witness Examination in Contested Divorce Hearings

In the observed proceedings, the panel of judges first required the witness to take an oath before providing testimony. The swearing-in process is a critical part of witness examination, as it relates to the obligation to provide truthful and accountable information.

Following the oath, the panel of judges began asking a series of questions to gather information regarding the domestic situation of the plaintiff and the defendant.

The questions pertained to the state of the marital relationship, issues occurring within the household, and matters known to the witness regarding the reasons for filing the divorce petition.

This testimony is necessary to assist the panel of judges in assessing whether the claims presented by the plaintiff have a sufficient evidentiary basis.

Throughout the examination process, the defendant remained absent until the hearing concluded. However, this absence did not automatically result in the plaintiff's petition being granted.

The Defendant's Absence Does Not Eliminate the Evidentiary Process

Under civil procedural law, the absence of a defendant may allow for the examination of a case in their absence, provided that the summons was issued legally and appropriately and other procedural requirements were satisfied.

Nevertheless, a judge cannot immediately grant a petition simply because the defendant failed to attend the hearing.

The plaintiff is still required to prove the grounds for divorce through legally recognized evidence.

Therefore, witness examination remains a crucial stage to ensure that the petition has a justifiable basis.

In divorce cases, judges must also consider whether the reasons presented meet the applicable legal provisions.

One of the grounds for divorce recognized in legislation is the occurrence of continuous disputes and quarrels, leaving no hope for a harmonious household life.

However, such grounds must still be proven through the examination process in court.

The Importance of Witness Testimony in Divorce Cases

Witness testimony plays a significant role in helping judges obtain a clear picture of the domestic circumstances of the couple involved in the dispute.

In divorce cases based on continuous disputes and quarrels, testimony from family members or those close to the couple can help clarify the actual situation.

Witnesses are expected to provide testimony regarding events they have witnessed directly, rather than merely conveying hearsay or information with unclear sources.

Furthermore, civil evidentiary law adheres to the principle that the testimony of a single witness is generally insufficient if not supported by other evidence.

This principle highlights the importance of judicial caution in evaluating every statement made during the hearing.

Evidence in divorce cases is not merely about listening to stories of domestic conflict; it is a legal process to assess whether the facts presented support the grounds for divorce.

Consequently, every piece of evidence must be considered in accordance with the applicable procedural law.

Hearing Observations Provide Insight into Judicial Practice

By the end of the observed hearing, the contested divorce case had not yet reached a final verdict. The panel of judges still needed to weigh the results of the examination and the evidence presented before making a decision.

Through this observation activity, students gained experience regarding the flow of judicial processes, ranging from case examination and witness swearing-in to the evidentiary process before the panel of judges.

This experience also demonstrated that court hearings follow procedures that must be conducted in an orderly manner and cannot be handled arbitrarily.

The absence of one party does not mean the examination process loses its significance. The court maintains an obligation to examine the case thoroughly in accordance with the law.

For law students, observing hearings is an opportunity to bridge the theory acquired during lectures with its practical application in judicial institutions.

This activity also provides an understanding that the law enforcement process requires precision, objectivity, and mature consideration before a verdict is rendered.

Through direct observation at the Surabaya Religious Court, students are expected to better understand the importance of hearing procedures and evidence in achieving a fair, orderly, and accountable judicial process.