INSTRUMENTATION OF EX-OFFICIO RIGHTS OF RELIGIOUS COURTS JUDGE RELATED TO FULFILLING CHILDREN AND WIFE'S RIGHTS DUE TO DIVORCE

Most of the divorce cases in Indonesia hurt divorced children and wives. This is due to the lack of public legal knowledge, especially wives entangled in divorce cases, so their rights are often ignored. Judges of the Religious Court, in this regard, have a very important role in the protection of the rights of children and wives through the instrumentation of ex-officio rights, which, because of his position, he has special authority in deciding the divorce case. This research combines normative and empirical juridical research by connecting the case approach and the legislative approach. The research was conducted at the Bekasi Religious Court using the interview, observation, and literature study methods. This study aims to analyze the conception of exofficio judges' rights, the basis for their consideration, and their instruments' mechanism in issuing decisions on divorce cases and their relevance to Islamic law.


I. INTRODUCTION
Marriage is a legal act that does little to end into divorce. Some problems arise as a result of divorce, starting from neglecting the wife's rights materially and even impacting the child. 1 The problem grew when the case entered the Religious Court. When the wife is confronted with a husband, the wife often does not know what things must be stated in a lawsuit that causes demands to fulfill his rights as a wife to be ignored.
In principle, marriage is a bond of relationship between man and woman as a husband and wife both physically and spiritually to form a happy family forever and ever based on Godhead's principle. 2 In another sense, marriage is a bond between the wife's family and the husband's family. 3 Both are tied together in the fabric of sacred ties and mutually responsible for household affairs and family. Considering that marriage is essential in the perspective of Islamic law and positive law in Indonesia, the State has a role in implementing the spiritual values of marriage in a legal system. 4 The marriage law states that a husband and wife must love one another, respect each other, be faithful, and help physically and spiritually in the frame of married life. 5 The assistance includes assistance in providing education and participating in parenting. However, family life is not always perfect. There are times when disputes and quarrels occur. Some people respond to quarrels as part of the phenomenon of marriage, but more than that, others consider it the end of their love journey to lead to divorce.
In the household, divorce can occur because of problems that are difficult to solve in the household. The dynamics of the human household are impermanent, even though marriage aims to develop an eternal and happy family. Therefore, fiqh munakahat regulates the provisions related to divorce, one of which the ex-husband must provide 'iddah to his ex-wife, even the ex-husband must pay mut' ah as long as he has the ability. 6 The husband's legal basis for paying this iddah's livelihood is explained in Al-Quran surah al-Baqarah (2): 241, al-Thalaq (65): 1 and 75 in which there are already some legal rules regarding iddah.
By article 41 letter (c) of Law Number 1 of 1974 jo. Article 24 paragraph (2) of Government Regulation Number 9 of 1975, judges have ex officio rights, whereby judges can punish their husbands for fulfilling their wives' rights, even if they are not contained in the petitum of the petition. This is if it is related to article 178 paragraph (3) of the HIR, which states that: "Judges cannot render Decisions on cases that have not been sued or provide than other than what was sued" would appear to be very contrary to article 178 paragraph (3) HIR.
The ownership of ex-officio judge's rights is actually an effort to protect the community and provide as much justice as possible, especially to women in divorce cases related to iddah and mut' ah livelihoods. 7 Until now, many people do not understand the rights they have, especially a wife if they are to be divorced by her husband, so the judge must use his ex officio rights to fulfill these rights to those who will divorce, especially in divorce cases (talak). This is done as a form of legal protection for wives who want to divorce their husbands not to be left in an economically unfavorable condition.
The divorce rate in Bekasi is one of the highest in Indonesia. As reported on page metro.sindonews.com, in 2017, there were at least 2867 divorce cases in Bekasi City and 2392 in Bekasi Regency. 8 Further stated on the page that the cause of divorce is generally triggered by economic factors besides other factors such as third people and social media. This is certainly ironic considering that sometimes the rights of wives and children after divorce are often ignored. The principle of legal protection should really be realized by coupled with clear instruments in the judicial process, especially in religious courts.
Based on the background description above, the researcher sees that divorce cases' resolution is very important to study. Children and women will be severely affected by divorce. This research will focus on the conception and basis for considering the instrumentation of the ex-officio rights of the Bekasi Religious Court judges to realize a fair decision, especially in divorce cases for all parties without ignoring the rights that should be obtained. Furthermore, this research will elaborate on the instrumentation mechanism of ex-officio judges' rights of the Bekasi Religious Court as a form of protection for divorced wives and children so that children and wives ' welfare after divorce can be guaranteed and find its relevance to the principles of Islamic law.

II. FORMULATION OF THE PROBLEM
Based on the above background, several issues that need to be examined are how the conception of ex-officio judges' rights and the basis for consideration of the instrumentation in guaranteeing the rights of his wife and children due to divorce in the Religious Courts is? What is the mechanism of ex-officio judge's instrumentation rights in guaranteeing his wife and children's rights due to divorce in the Bekasi Religious Court? And how relevant is the instrumentation of ex-officio judge rights to the principles of Islamic law?

III. RESEARCH METHODS
7 Syaiful Annas, "Masa Pembayaran Beban Nafkah Iddah Dan Mut'ah Dalam Perkara Cerai Talak (Sebuah Implementasi Hukum Acara Di Pengadilan Agama)," Al-Ahwal: Jurnal Hukum Keluarga Islam 10, no. 1 (2017): 1. 8 https://metro.sindonews.com/read/1306769/170/trend-di-bekasi-istri-ramai-ramai-gugat-ceraisuami-1526569890, accessed on 5 Mei 2019. This research combines normative and empirical juridical research using a comparative approach that links the case approach and the legislative approach with the Bekasi Religious Court as the object of the research. Collecting data and legal materials obtained by interview and observation methods as primary data obtained directly through field research. While secondary data is generated from library research consisting of primary legal materials, secondary legal materials, and tertiary legal materials obtained by studying the laws and regulations, the results of previous research, legal theories, legal doctrines, and all forms of writing that can be used as a source of related studies. Primary data and secondary data consisting of primary, secondary, and tertiary legal materials that have been obtained are then analyzed in analytical comparative descriptive.

The Divorce in The Indonesian Marriage Law
Divorce is a form of separation and dissolution of a marriage bond when several parties are still alive for reasons that can be justified. 9 A divorce will be declared valid since a judge has decided and registered in the civil registry. Law Number 1 of 1974 concerning Marriage states that marriage may end if caused by death, divorce, or a court decision in the course of a marriage. 10 Thus, it can be understood that marriage regulations in Indonesia are in line with religious teachings, making it difficult to break a marriage bond (divorced life). This is because divorce indicates the failure of a marriage's goal to form an eternally happy family forever. In contrast to the breakup of a marriage due to death, remembering that death is God's destiny that is inevitable.
As is known that divorce is understood as the termination of a marriage. Related to this, the experts put forward some of their opinions as follows: (a) According to Subekti as follows: "Divorce is the abolition of marriage by the judge's decision, or the demands of one of the parties in the marriage" . 11 (b) According to P.N.H. Simanjuntak as follows: "Divorce is the termination of marriage for some reason by the judge's decision on the demands of one party or both parties in the marriage" . 12 In line with national marriage law, matters related to marriage and divorce in customary law are influenced by the indigenous peoples' religion. 13 From all of the religions, only Islam has a lot to regulate about divorce or what is commonly known as "talak", which means to break the ties which in principle, Islamic divorce law is makruh (reprehensible). 14 So, it can be understood that two people with different traits and personalities put together in a marriage bond does not mean that 9  They will continue to coexist. Because one day, between husband and wife, problems will arise both from the wife and husband. In Indonesia's regulations, one of the principles of marriage is to make divorce more difficult because divorce causes bad things for the parties involved. Therefore, as much as possible, a divorce must be avoided. 15 Divorce often occurs due to various factors. Starting from economic problems, boredom, misunderstanding, domestic violence to the presence of a third person. Some of the causes of divorce according to Government Regulation Number 19 of 1975 article 19 are as follows: 1) Adultery, drunkenness, gambling, and or other bad habits that are difficult to cure; this can be proposed because the act of adultery is a betrayal of the sanctity of a marriage bond. 2) The husband or wife leaves the other party for 2 years in a row without permission and the support of a strong and accountable reason or for other reasons beyond their power. Given the income that must be provided, this reason can be used to file a lawsuit to the court. 3) The husband or wife is sentenced to 5 (five) years in prison or other more severe penalties after marriage. This kind of law will clearly harm either party, and household obligations can certainly be ignored. 4) Husband or wife is committing severe maltreatment, physical cruelty, or actions that endanger other parties; 5) Disease or disability which results in not being able to carry out their respective obligations; 6) Reprisals and disputes that occur repeatedly.
The breakup of the marriage had a serious impact on both parties. Article 41 of Law No. 1 of 1974 and Article 149 of Compilation of Islamic Law state that there are two kinds of consequences caused after divorce, namely: (1) due to talak and (2) due to divorce. If caused by divorce (talak), the ex-husband must: a. Giving mut' ah to his ex-wife properly both money and objects. b. Provide a decent living, clothing, and dowry for the ex-wife during the iddah period unless the ex-wife falls divorce ba'in and is not pregnant. c. Pay off dowry debt in whole and part if you have not had sexual relations between husband and wife (qabla al-dukhul) d. Provide childcare costs if not yet reached the age of 21 years.
The husband has the right to refer to his ex-wife while he is still in his iddah. As for the wife's right during the iddah period of living that comes from her ex-husband, except if the wife is proven nushuz given that nushuz is one thing that cancels a wife from earning a living. Furthermore, marriage termination due to divorce is also regulated in article 156 Inpres Number 1 of 1991. Some of the consequences of divorce are: (1) to their children, (2) to joint property, and (3) to mut' ah. 16 consequences of divorce are: (1) to their children, (2) to joint property, and (3) to mut' ah. 16 Regulations on divorce in Indonesia are generally found in Marriage Law and Government Regulation No. 9 of 1975 concerning the Implementation of Marriage Law. Article 38 of the Marriage Law states that marriages can be terminated due to death, divorce, and court decisions. Besides, Article 39 paragraph (1) of the Marriage Law states that divorce can only be conducted before a court hearing after the court concerned has tried and failed to reconcile.
A divorce or divorce suit known in the Marriage Law and Government Regulation 9/1975 is a lawsuit filed by a husband or wife or proxy in a court where the jurisdiction covers the defendant's residence. 17 In the context of Islamic law, as stated in KHI, there are significant differences in the definition of divorce or divorce. The Marriage Law states that both husband and wife can file divorce lawsuits. While in KHI it is stated that a divorce suit is a lawsuit filed by the wife as contained in Article 132 paragraph (1) KHI, which reads: "The divorce lawsuit was filed by the wife or attorney at the Religious Courts, whose jurisdiction covers the plaintiff's residence unless the wife leaves the residence without the husband's permission." Whereas divorce (talak) is regulated in Article 114 KHI as follows, "Marriage termination due to divorce can occur due to divorce or based on divorce suit". Furthermore, article 117 KHI states that what is meant by divorce (talak) is a husband's pledge before the Religious Court, which is one of the reasons for the breakup of the marriage. This is regulated in Article 129 KHI, which reads: "A husband who will drop divorce on his wife submits a request both verbally and in writing to the Religious Court which occupies the wife's residence accompanied by a reason and requests that a hearing be held for that purpose."

Divorce Case in Bekasi Religious Court
Religious Courts are part of an independent judiciary to uphold the foundations of justice in people's lives. Bekasi Religious Court, as stated in Article 49 paragraph (1)   Divorce cases in Bekasi are among the highest in Indonesia. This was motivated by various factors that caused it to be brought before a religious court. All data collected in 3 years, 2016, 2017, and 2018, show that the number of divorcees (gugat) in Bekasi is higher than divorce (talak).

Ex-Officio's Existence Rights in Religious Court Procedures
In a state of law (rechstaat), the judiciary's power is the body that determines the content and strength of positive legal rules. Judicial power is manifested in examining, evaluating, and determining the value of certain human behavior and determining the value of concrete situations and resolving disputes. According to Roscoe Pound, some steps are normally taken by a judge when trying a court case, namely, finding the law, interpreting the law, and applying the law. 19 As the spearhead of the judiciary and the main executor of judicial authority, the judge is tasked with accepting, examining, adjudicating a case and ultimately making a decision, so that the judge is obliged to find the law in a case, even though the legal provisions have not been clearly stated. 20 The judicial discovery of the law is based on a deep philosophical foundation, which considers all aspects related to the subject matter of the dispute, and seeks relevant legislation as a legal basis.
Basically, the judge's job is to give decisions in every case that is presented to him, determine things such as legal relations, the legal value of the behavior, and the legal position of the parties involved in a case, to resolve disputes or conflicts impartially based on the law applies, the judge must always be independent and free from the influence of any party, especially in making a decision. 21 In reality, lawmakers only set general rules, and the consideration is left to the judge. As the holder of control and legal determinants at the trial, the judge can give a humanitarian touch to the laws and regulations to continue to be used within the framework of law enforcement, which is more just in the case of protection of women. Religious justice in Indonesia has actually paid more attention to the protection of women and children. Normatively, Amran Suadi, in his research, mentioned that the norm was about how to file for divorce, both by women and men. Provisions on how to file for divorce in the Religious Courts indicate gender responsiveness. 22 As judge-made law and as the embodiment of the law, judges must uphold the values of justice that live in the midst of social change. Therefore, judges are authorized to contra legem 23 if the provisions of an article of the law are contrary to propriety and are not following the reality of the dynamics of conditions and conditions that develop in the soul, feelings, and awareness of the community. 24 Judges as the main organ in a court and as the exercise of judicial power to receive, examine, try a case and subsequently impose a decision, the judge must find the law even though the legal provisions are unclear or unclear. 25 In the Religious Court's procedural law, justice can be realized by having a judicial position as a functional position, because the judge has a special right in resolving divorce (talak) cases in the Religious Court, namely ex-officio rights, meaning rights due to office. 26 Judges, because of their position or ex-officio, can decide a case more than what is demanded, even though the parties do not demand this matter to the litigation.
In language, the term ex-officio is Latin ambtshalve (Dutch), which means because of position. 27 Subekti in the Legal Dictionary defines ex-officio rights as rights because of their position, not based on a letter of appointment or appointment, nor is it based on an application. 28 In the Big Indonesian Dictionary (KBBI), ex officio means because of position, as in the phrase "taking office ex-officio ". 29 Thus, basically, the term ex-officio right is not only inherent in the judge but also exists in every person who carries a position. Exofficio rights are the judge's authority in deciding cases to realize legal objectives, namely, legal certainty, justice, and expediency. Specifically, for judges, ex-officio rights are defined as rights or authorities held by judges because of their position, and one of them is to decide or give something that is not in the suit. In divorce cases, the judge can decide more than requested because of his position, 30 As well as in divorce (talak) decisions, rights that should be obtained by the wife (the respondent) are not obtained because they are in a weak position so that the judge can use the authority.
Article 178 HIR paragraph 3 article 189 RBg paragraph (3) states that judges are prohibited from giving verdicts on cases that are not prosecuted or grant more than those demanded. This prohibition is called ultra petitum partium. The Supreme Court, in several of its decisions, stated that granting more than what was demanded, deciding a portion of all claims submitted, or deciding matters not claimed were contrary to article 178 of the HIR above. But on the contrary, in its decision dated May 23, 1970, the Supreme Court stated another opinion that if the compensation claim was deemed inappropriate while the plaintiff demanded that amount, then the judge was authorized to determine the appropriate amount to be paid. Likewise, in the January 8, 1972 decision, the Supreme Court thought that granting more than those sued but consistent with material events was permitted. 31 Thus, in certain circumstances in divorce cases, judges are allowed to require something from the ex-wife or ex-husband. The right is intended to achieve mashalahat and uphold justice, especially for both parties who litigate. This right belongs to the judge because his position is called ex-officio right.
From this, it can be seen that article 178, paragraph (3) of the HIR is not applied by the Supreme Court absolutely, because judges, in carrying out their duties, must act actively and always try to give verdicts that actually resolve The judge's discretion overcomes technical obstacles. Because of his position, the judge can decide if there are things that can be used as an exception by the defendant even though there is no exception from the defendant, except in the case of a relative exception outside the divorce case. 32 The legal basis for applying ex-officio rights can also be found in Article 41 letter (c) of Law Number 1 of 1974 concerning Marriage, which states that "The court may require the ex-husband to provide living expenses/or determine an obligation for exwife ". The word "can" in Article 41 is interpreted as ex-officio, which gives the judging room to determine mut' ah and livelihood. 33 Article 24 Paragraph (2) Sub-Paragraph a of Government Regulation No. 9/1975 states that during the divorce proceedings at the plaintiff or the defendant's request, the court can determine the livelihood to be borne by the husband. In addition to being regulated in the Marriage Law, the application of ex-officio rights is also regulated in Article 149 of the Compilation of Islamic Law (KHI), which states that: 31 Sudikno Mertokusumo,Op. Cit.,p. 216. 32 Mukti Arto, Op. Cit., p. 31 33 Mut' ah livelihood is a gift from a former husband to his wife who is given divorce in money or other objects. Iddah is a livelihood that must be given to the wife who is barred, and this liability lasts for 3-12 months, depending on the menstrual condition of the divorced wife. Mut' ah and iddah livelihoods only apply to divorce cases where the husband submits divorce to the wife. Whereas divorce lawsuits filed by wives to husbands, mut' ah and iddah do not apply. See you, https://www.hukumonline.com/berita/baca/lt576bd57329237/belum-diatur-nafkah-iddah-dan-mutahdalam-cerai-gugat/. a) Giving an appropriate mut' ah to the ex-wife, both in the form of money and objects, while the amount of this mut' ah is adjusted to the appropriateness or feasibility and ability of the ex-husband; b) Give iddah, housing, and clothing to the ex-wife during the 'iddah period, unless the ex-wife has been subjected to talak ba'in or nushuz and is not pregnant; c) Pay off the dowry that is still fully or partially owed if qabla al dhukhul; d) Provide maintenance costs for children who have not yet reached the age of 21 years. The cost of maintaining a child remains the husband's obligation even though there has been a divorce with his mother. In Article 152, KHI also stated that "The ex-wife is entitled to get a living iddah from her ex-husband unless she is nushuz". 34 In exercising ex-officio rights, judges are also guided by the Decree of the Supreme Court of the Republic of Indonesia Number: KMA / 032 / SK / IV2006 concerning the Enforcement of Book II Guidelines for the Implementation of Duties and Administration of Religious Courts which states that "Religious Courts / Sharia Courts ex-officio can set livelihood obligations' iddah on the husband for his wife, as long as his wife is not proven to do nushuz and set mut' ah obligations. The Supreme Court decision is individual and concrete.

Instrumentation of Ex-Officio Judges of the Bekasi Religious Court
The use of ex-officio rights by Bekasi Religious Court judges follows the procedural law in the Religious Courts in general, as mentioned earlier that a judge may decide based on his discretion outside of existing regulations. However, the benefit factor also needs to be considered for the judge in deciding a case that is being handled. Judges must play an active role in deciding cases as best they can without parties being harmed. That is why some articles, as in article 41 letter (c) of the Marriage Law states that a judge can require the imposition of a husband who wants to divorce his wife.
However, judges' use of ex-officio rights is not without conditions. . Ummi Azma, judge of the Bekasi Religious Court, said that formally some provisions allow a judge to document the ex-officio right if the application is granted and attended by the respondent and the applicant. The respondent's presence is needed to ensure that the judge's decision based on the ex-officio right will be effective to be carried out and is not an illusory decision. 35 Also, the judge's ex-officio right in examining and deciding divorce (talak) cases is to fulfill a sense of justice for the divorced wife and child. Thus, his ex-wife and children's needs and survival are more secure, which is a form of legal protection for the interests of mothers and children after divorce. 36 These 34 Nusyuz is derived from the word nazyaya-yansyuzunasyazan wa nusyuzan, which means to rise, stand out, be insubordinate, oppose, or act rudely. In use, the meaning of the word annusyuuz then develops into al-'ishyaan, which means ungodly or disobedient. See Ahmad Warson Munawwir, Al-Munawwir: Kamus Arab-Indonesia, (Yogyakarta: Pustaka Progressif, 1997), p. 1418-1419. 35 The interview results with Ummi Azma, SH, Judge of the Bekasi City Religious Court, on 13 September 2019. 36 Ibid.
Objectives are normatively regulated in Article 41 letter (c) of Law No. Several considerations accompany article 149 letter (a) Compilation of Islamic Law. 37 Furthermore, the instrumentation of ex-officio judges' rights, especially in divorce cases considerations before applying this ex-officio right, including: 38. 1. To give lessons to the husband so as not to easily divorce his wife. 2. To provide a guarantee to the wife after the divorce. 3. As the application of the principle of justice for a wife because of divorce (talak). 4. There is a legal obligation for the ex-husband relating to the ex-wife's rights as divorce (talak). 5. The judge concluded that the husband has the economic ability to be burdened with the obligation to pay mut' ah and livelihood or carry out his obligations to his ex-wife, based on the appropriateness and appropriateness husband's habit of providing daily support to his wife.
Provisions on the minimum and maximum charging fees are not regulated in the Marriage Law or KHI. In the case examination, the judge will consider his ex-wife and children's daily needs and the economic capability of the husband in real life. In divorce cases, the judge will consider both children's best interests, as the implementation of the principle of the child's best interest. 39 Since Indonesia ratified the United Nations Convention on the Rights of the Child, through Presidential Decree Number 36 of 1990, the best interest for children's survival and education has become a major concern in every case that has a direct impact on the interests of children, such as in cases of disputes over child custody, the adoption of children, and others.
However, ex-officio rights in some conditions cannot be used if there are several things, including: 40. 1. If the wife is in the state of qabla al-dukhul.
2. If the respondent is in a state of divorce, ba'in or nushuz. 3. Because of a statement from the wife (the respondent) who does not want to give their rights 4. Cheeky wife just gets a living mut' ah. 37 The court may require the ex-husband to provide living expenses and / or determine an obligation for the ex-wife (Article 41 letter (c) of Law No. 1 of 1974. The word "can" be interpreted as ex-officio, which gives the judging room to determine mut' ah and 'iddah' livelihood. 39 The principle of the child's best interest is regulated in Article 3 of the UN Convention on the Rights of the Child. The children's rights include the child's views and aspirations, the child's identity, including age and gender, personal history and background, the care, protection, and safety of the child; and the child's well-being. Indonesia ratified the convention in 1990, through Presidential Decree of the Republic of Indonesia Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child. 40 Fanani and Badria Nur Lailina Ulfa, "Hak Ex Officio Hakim: Studi Kasus Perceraian Di Pengadilan Agama Sidoarjo No. 3513 Th. 2015." In examining cases, especially divorce cases, the Religious Courts seek children and women in divorce cases. This is because children and women generally become the party most affected by the divorce. To that end, Bekasi Religious Court judges, as called Ummi Azma, take various approaches through enlightenment, information, and advice. This is done so that the parties know and realize the consequences of the termination of marriage due to divorce as regulated in Article 41 of the Marriage Law, and Article 149 letter (a) KHI.
From observations and interviews conducted by researchers, it can be concluded that the Bekasi Religious Court judges in determining the livelihood of mut' ah and iddah not demanded by the respondent are divided into 2 (two) mechanisms that are carried out: 1. The judge does not require the applicant to pay mut' ah and iddah to the respondent. This was done because there was no counter-claim filed by the respondent. 2. The judge ex-officio requires the applicant to pay mut' ah and 'iddah which are stated in the ruling as a form of punishment.
The second form was explained by Ummi Azma, that the ex-officio rights instrumentation was carried out based on the principles of justice, expediency, and legal certainty. If it does not fulfill that principle, the judge will not use ex-officio rights. He added that the imposition to pay for living to ex-wife and children is intended so that the husband does not act arbitrarily. A wife is married in the best way. Likewise, when a wife is divorced, all of her rights must be fulfilled by the husband. To ensure this, the judge can use ex-officio rights. It can be understood that the ex-officio rights instrumentation also does not apply arbitrarily but based on fulfilling a sense of justice, usefulness, and legal certainty, as stated in the guidelines for the administration of religious courts.
Another thing that deserves to be appointed is the applicant's payment mechanism as a form of imposition for him after being decided by the court. Ummi Azma thinks that the Judge's ruling giving a burden to the husband must be paid before the reading of divorce. After paid, or the promise will be paid at a later date, the husband can read his pledge of divorce. The husband's promise to pay divorce must be with the wife's consent. About judges so that the husband can fulfill his obligations in the form of iddah livelihood, mut' ah voluntarily as follows: 41 1. The judge requests that the husband make payment of his obligations to the wife before the husband pronounces the divorce pledge; 2. The judge asks for a commitment by delaying the divorce pledge's implementation by giving a deadline to the husband until he can pay his obligations. In making decisions and determining the obligation to provide for the ex-wife, the judge will consider the ex-wife and children's needs, the economic ability of the ex-wife, and the economic ability of the husband. The husband's Economic capability must be well considered so that the judge's decision can be implemented. Because if the burden is beyond the husband's ability, it will be difficult for him to realize the verdict that has been handed down.

Bekasi Religious Court Decision Number 2225 / Pdt.G / 2019 / PA.Bks
One example of the Bekasi Religious Court decision that has documented the exofficio right of judges in its decision is Decision Number 2225 / Pdt.G / 2019 / PA.Bks in the divorce case between Hendy Dewanto bin Sugiarto against Rita Suprihatin binti Soerahmat. The petitioner has submitted an application to the Panel of Judges who in their demand that the Panel of Judges grant the petitioner's request and give permission for the petitioner to drop one king's divorce to the respondent before the Bekasi Religious Court and also charge the court fee to the applicant per applicable law.
The parties, both the applicant and the respondent, acknowledge that their household life is no longer harmonious. Disputes and quarrels between them have filled up their households every day so that they cannot be expected to the continuity of a harmonious household.
Regarding this matter, the Panel of Judges had tried to advise the petitioners and the respondent to get back together and continue to foster households as before, but to no avail. Likewise, the Mediator, Samsu Hidayat, SH, MH, in his report dated June 18, 2019, had reported to the Panel of Judges that mediation efforts between the Petitioner and Respondent were unsuccessful. After going through various considerations, the Panel of Judges decided to grant the petitioner and give permission for the petitioner to drop divorce (talak) from the petitioner in front of the Bekasi Religious Court. Besides, the Panel of Judges sentenced the applicant to provide a living during the period of iddah to the respondent in the amount of Rp. 5,000,000 (five million rupiah) and a mutually Rp. 2,000,000 (two million rupiah).
Related to this, in his consideration, the Panel of Judges stated that the sentence was carried out to fulfill a sense of justice for both parties if it were appropriate and fair if the Petitioner as the husband who would divorce the Respondent as his wife was sentenced to provide matters as agreed upon together.
Looking at this case, it can be seen that the Panel of Judges in their deliberations clearly stated that the basis for imposing a sentence for a husband to pay the cost of living was to fulfill his sense of justice. Therefore, the Panel of Judges principled to the values of justice, and their rights and authority's ex-officio sentenced the husband to charge the living cost. This certainly becomes a parameter of the success of the Religious Courts institutions' institutions in guaranteeing the rights and fulfillment of a sense of justice with the principle of equality before the law.

The Relevance of Costing for Living with Islamic Law
Islamic law and fiqh are a set of Allah rules as a product of ijtihad of mujtahids that are dynamic, moving, and able to follow the development of society in every age and place. That is, where the community moves, when and where the Community is located, Islamic law also moves to follow it and be there, setting its rules to solve various problems they face. 42 With this dynamic character, Islamic law, can respond to various cases in society without being insulated by the times and places' conditions. Imposition by a judge to a husband who divorces his wife is a form of judges' ijtihad to safeguard justice and benefit, especially for women. The concept of benefit, which is the core of maqasid shari'ah is the best alternative for the development of ijtihad methods, where the Qur'an and Sunnah must be understood through ijtihad methods by emphasizing the dimension of maslahah 43 including the application of this ex-officio right.
If we look further, the concept of divorce before the Religious Court itself is the actualization of Islamic law in a practical dimension, which at the same time invalidates the divorce habits which are not by the text, namely only thinking about divorce without thinking about its negative impact as a whole. 44 In fact, divorce cases can impact divorced parties (husband and wife) and other parties, including children.
The application of the ex-officio judge's right to sentence her true husband is a form of protection for women and children affected by the divorce. The value of justice, benefit, and benefit, which is the core of Islamic sharia, has actually been reflected in the application of ex-officio rights where judges impose penalties in the form of the obligation to pay the cost of living as a logical consequence to avoid the emergence of lateness resulting from the divorce.
In Islam, the rules regarding livelihood after divorce have been explained in the Qur'an al-Thalaq verse 1: "O Prophet, if you divorce your wives then you should divorce them when they can (face) their iddah (the natural) and count the iddah time and fear Allah your Lord, do not remove them and do not let them (allowed) out unless they are doing a heinous act of light. These are the laws of Allah, so he has indeed done wrong to himself. You do not know; maybe God has done after that something new." In another verse, Al-Qur'an surah al-Thalaq verse 6, Allah SWT explains: "Place them (wives) where you live according to your abilities and do not trouble them to narrow (their hearts). and if they (the wives who have been barked) are pregnant, then give them their living until they give birth if they suckle (your children) for you then give them their reward, and deliberate among you (all things) well; and if you encounter difficulties, then another woman may suckle (that child) for her. " The above verse shows the very substantive existence of 'iddah. So that its existence cannot be denied even though its implementation has various models used in judicial practices. Although some people consider that the ʻiddah livelihood law does not yet reflect the protection of women, 45, however, the basic principles of enforcing the ex-officio judge's right to sentence the husband to the divorced wife are to be in line with the basic principles of the maqasid shari'ah.

V. CONCLUSIONS
Ex-officio rights are the judge's authority in deciding cases to realize legal objectives, namely legal certainty, justice, and expediency. It is defined as the right or authority possessed by a judge because of his position to decide or give something that is not in the suit. The application of ex-officio rights is based on several considerations, such as giving lessons to husbands not to divorce their wives easily, giving guarantees to wives after divorce, as applying the principle of justice for a wife due to divorce (talak), and as a form of legal obligation for ex-husband relating to the rights of the exwife after divorce (talak).
Concerning the protection of children and women due to divorce, judges in deciding divorce cases, livelihoods, and child custody can exceed the requirements. The judge can sentence the husband who divorced his wife in the form of charging the cost of iddah and mut' ah even though it was not the respondent's request. The ex officio rights instrumentation must be through a fair and responsible deliberation mechanism of the Panel of Judges. This mechanism must first meet the elements of formal and material requirements.
The concept of maslahah as a core part of the maqasid sharia is very much felt in the instrumentation of ex-officio judges' rights in the Religious Courts. The judge's sentencing to her true husband is a form of protection for women and children affected by divorce in upholding the principles of justice, benefit, and benefit, which is the core of Islamic sharia.