From Rachel Vennya We Learn About Divorce, From This Article We Learn To Live With It

Niko and Rachel Vennya (Instagram / @ rachelvennya)

JAKARTA - Netizens are busy talking about Instagram celebrity, Rachel Vennya, who sued for divorce from her husband, Niko Al Hakim. The conversation about Rachel Vennya has trended on Twitter in the last two days. They said, "From Rachel Vennya we learn ..." It's wise from this point of view. But we want to give a more complete picture of divorce. What is the process like, and what are the crucial aspects of divorce in general. This is important. At least, "From VOI we can learn too".

Rachel Vennya's divorce file was submitted to the South Jakarta Religious Court. The lawsuit was submitted on January 20 and is registered under case number 381 / Pdt.G / 2021 / PA.JS.

The letter contained the name Rachel Vennya as the litigant and Niko Al Hakim as the defendant. The first trial of Rachel Vennya and Niko's divorce case was held yesterday, Tuesday, February 2.

The hearing was only attended by Niko. Meanwhile, Rachel Vennya was only represented by her lawyer. The next trial agenda will be held on 9 February.

Divorce proceedings

After all, divorce is a complicated process. That is why many involve the services of legal counsel to take care of this case. In fact, in general, managing a divorce does not absolutely require the involvement of legal counsel.

Legal practitioner, Bayu Sinuraya explained the divorce process that each couple needs to go through from their point of view as people who are often appointed as legal counsel. Before going to court, Bayu will usually interview their clients. This is important in preparation for filing legal material in a divorce suit.

Illustration (Ilham Amin / VOI)

"We will interview, find as much information as possible. What basis did she file the lawsuit", said Bayu, quoted from the article "How Divorce Highlight the Legitimacy of Marriage Institutions" in the Writing Series channel on VOI.

After digging up information through the interview, the litigant will make a divorce suit and register the lawsuit in the area of domicile of the defendant. "There are, indeed, the rules under which the lawsuit is filed, there are rules. After filing the lawsuit at the secretariat, you will get the case number and trial schedule", Bayu.

Furthermore, the litigants are required to be present at the trial. Yes, even though their presence was important, Bayu did not deny that many couples had decided not to attend the trial process. The trial process was carried out in stages. In the first trial, usually the litigants will undergo a mediation process with the judge as the mediator.

In this process, the judge will mediate between both sides and ensure them does not divorce. This means that this process has not yet entered the subject matter. This process yesterday passed by Rachel Vennya as principal.

Rachel Vennya (Credit: Capture YouTube Boy William)

This process is often seen as a formality so that the trial process until the verdict can be implemented. It is nothing. According to Bayu's experience, there has never been a judge who rejected the divorce suit he filed.

"It is difficult for the judge to decide not to divorce. However, one of the couples no longer wants to share the same house. Even if it is not granted, after all, household life is not harmonious", said Bayu.

Custody and Marital Property

After divorce, conflicts often occur over child custody and property. Legal practitioner, Bayu Sinuraya explained, the process of distributing assets like this is usually carried out in two ways, namely an agreement and filing a lawsuit again in court after the judge ruled on the divorce court decision.

These property assets are assets that are obtained after a couple gets married and lives together. "The assets can be joint assets in the form of assets and debts", Bayu explained.

If this process is not submitted to the court, the decision to distribute which has been agreed by both parties must be registered with a notary for legal force.

Meanwhile, for the process of child custody, in Islam, usually the mother has the eligibility to take care of a child who is not yet pubescent unless there are conditions that make the mother unable to take care of her child.

For example, if the mother is a drunkard or is judged by various considerations as irresponsible, then the father gets custody of the child.