LEGAL PROTECTION FOR THE RIGHTS OF PRISONERS IN DIVORCE CASES IN THE RELIGIOUS COURTS IN INDONESIA

Many people incarcerated at the Correctional Institution have complained about the news that their husband or wife has divorced them. Limitations in attending trials are a form of anxiety for inmates. This can hurt the psychology of the inmates. Receiving a decision beyond the convict's expectations is a consequence that must be accepted, whereas the addition of a divorce between husband and wife will add a heavy burden to the person concerned. There are 3 (three) essential issues in this research: First, what do prisoners experience the limitations as inmates in facing divorce lawsuits in the Religious Courts? Second, how is the implementation of laws and regulations relating to the civil rights of convicts suing for divorce? And third, what is the role of the Government in ensuring the fulfilment of the civil rights of detainees or convicts in the care of Correctional Institutions, especially when facing divorce lawsuits? The data in this research was obtained through Library Research and Field Research. The data obtained was analyzed in depth using the Narrative Content Analysis method. The research was conducted in Bengkalis Regency and Dumai City, Riau Province. The consideration for choosing these two areas was because they have correctional institutions (Lapas) with relatively many inmates and a large number of divorce lawsuit cases involving convicts as defendants. From the results of the discussion, it can be concluded: First, detainees or convicts who are serving their sentence in prison, including civil rights, are regulated and guaranteed in regulations in the form of laws or regulations, as in Chapter IV, part one of PP no. 58 of 1999, article 14 of Law no. 12 of 1995, as well as articles 51 and 52 of PP no. 32 of 1999. Second, no provisions in the statutory regulations regulate detainees or convicts being able to attend divorce trials. So, this is a reference for the prison authorities to refrain from giving detainees or convicts the right to undergo the civil case process they are currently facing. Third, the Head of the Prison or Detention Center may make a policy for prisoners to participate in divorce trials but still through the trial mechanism of a correctional observer team and police escort. Or through virtual trial options in prisons or detention centres.