Implementation of a mobile court in the settlement of divorce cases at the Tuban Regency Religious Court

The purpose of this study is to analyze the application of the Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Legal Services for the Underprivileged in the Court in the settlement of divorce cases through a mobile court in the Tuban district religious court and to determine the inhibiting and supporting factors for the application of the Supreme Court Regulation Number 1 2014 concerning Guidelines for Legal Services for Underprivileged People in Courts in the settlement of divorce cases through a mobile court at the Tuban Regency religious court. This research is empirical legal research, using a sociological juridical research approach. Sources of data obtained from this study are primary data and secondary data. The data collection method was carried out by means of in-depth interviews and documentation, and the data analysis used in this study was a qualitative method. The mobile trial was held outside the Tuban Regency religious court building in order to provide legal services for people who live far from the court, in terms of transportation costs and the distance traveled is difficult to attend the trial at the court office. In the implementation of the mobile court, the types of cases that are prioritized to be tried are only mild cases, such as divorce cases, both divorced and divorced, and isbat marriage. The mobile court in a divorce case at the Tuban district religious court is usually carried out at the sub-district office or at the village hall office within the court's jurisdiction.


Introduction
Marriage is a gathering between two people of the opposite sex who were initially separated then united into a complete and perfect couple. In the Marriage Law Number 1 of 1974 marriages are held in order to realize an unlimited happiness based on divinity. Based on article 38 of Marriage Law Number 1 of 1974, it has been stated that the termination of a marriage in Indonesian law is caused by several things, including divorce, death, and court decisions. [2] Article 114 of the Islamic Law Compilation has also emphasized that divorce is the cause of the breakup of a marriage. Divorce itself can occur due to divorce or divorce. Divorce talak is the pronunciation spoken by the husband to his wife, or in another sense the meaning of divorce talak is a divorce suit submitted by the husband to the religious court which contains notification and reasons that he intends to divorce his wife. The definition of a lawsuit is a divorce lawsuit filed by the wife to sue her husband to court (Bukido et al., 2021;Zulkifli et al., 2019).
Fundamentally, a divorce is natural thing to happen, considering that everything in this universe has a mortal nature which means it is not eternal, including marriage. Although divorce is allowed by Islamic law, it is very hated by Allah SWT. Divorce cases in Indonesia have been regulated in Article 39 of Law Number 1 of 1974 concerning marriage which explains that "Divorce can only be carried out before a trial in court after the religious court has tried to reconcile the two parties but to no avail". What is meant by the court in this case is the religious court, which has the power to assist the Muslim community in seeking justice.
The Religious Court of Tuban Regency has issued a policy regarding the holding of a mobile court to handle divorce cases, due to the large number of divorce cases that occur in the community. However, in reality, not all communities can settle their cases in court due to several factors, including the location, cost, and culture of the community itself. The mobile court is a form of a religious court work program, which aims to facilitate people seeking justice in resolving their disputes, in accordance with the Supreme Court's grand agenda so that all people seeking justice can easily gain access and can convey their rights to obtain justice of the judiciary (Kusmayanti & Puteri, 2020;Mekkah et al. 2021). Various cases that can be handled by mobile court or out-of-court trial are divorce lawsuit, talak, marriage isbat, accumulating lawsuits, child custody, and appointment of heirs. The mobile marriage isbat trial is a way to obtain legal protection for legal marriages (Salsabila, 2019). That being said, mobile courts should get the acknowledgement from all parties so that justice can be reached by all levels of society (Muwahid & Ramdhani, 2020).
The mobile court on divorce cases was held because of the many problems that occur in the jurisdiction of the religious courts, such as in the case of the spread of false certificates. It happens due to the increasing living area and rather expensive court fees, as well as limited means of transportation used to connect people living between remote areas and the religious court office location, causing people reluctant to aspire their disputes to court (Hidayatullah, 2017;Kusmayanti & Puteri, 2020;Mekkah et al., 2021). As a matter of fact, they are also people who have rights and obligations to get equal treatment like other people who live in districts (Kabupaten) or cities. Yet, another main obstacle is many underprivileged people and legal laymen think that religious courts are an intense place. People who lack knowledge think that dispute resolution through the courts tends to be stressful, formal, and procedural. However, all the existing problems should become considerations for law enforcement so that justice can be affordable and obtained by all circles of society. Thus, from the many factors that become obstacles in resolving disputes in court, the Supreme Court issues a regulation, namely "Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Providing Legal Services for Underprivileged People in Court.
Regulation of the Supreme Court Number 1 of 2014 concerning Guidelines for the Provision of Legal Services for the Underprivileged in Courts which in its contents include waiver of court fees, mobile courts or out-of-court hearings and legal aid posts (Posbakum) has the aim of providing access to all members of the community in order to get Implementation of a mobile court in the settlement of divorce cases at the Tuban Regency Religious Court Syanaya Mela Abyta, Kasuwi Saiban, Sunarjo Sunarjo [3] convenience in the law, especially easy access to religious courts. The Tuban Regency Religious Court is adherent to a program that has been published by the Supreme Court by seeking to examine and interpret the legal values that live and grow in society. Efforts are being made to examine cases outside the court building of the religious court where they are domiciled. The examination is carried out in a village or in a place where there are people who find it difficult to access the religious court, which is then known as a mobile court. In the implementation of the mobile court, it must be carried out based on regulated principles, namely the principle of justice, the principle of simplicity, speed, low cost, professional principle, principle of transparency, principle of non-discrimination, principle of accountability, and principle of effectiveness and efficiency (Abubakar & Rahman, 2020). Those principles are intended not only to prioritize punctuality and costs, nor to advise judges to haphazardly examine a divorce case with a short duration (one or two hours). But instead, is to encourage the examination does not take a long time. Because the cost of a case is influenced by the length of the case examination process. The longer the examination is, the more costs will have to be incurred, and in simple terms it can be influenced by the religious court. This study aims to analyze the application of the Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Legal Services for the Underprivileged in court in the settlement of divorce cases through a mobile trial at the Tuban Regency Religious Court.

Method, Data, and Analysis
This research leads to the type of empirical legal research, related to the application of Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Providing Legal Services for Underprivileged People in Courts, especially the implementation of mobile courts in the settlement of divorce cases at the Tuban Regency Religious Court. Empirical legal carried out based on actual conditions or circumstances that have clearly occurred in society with the aim of knowing and obtaining the facts and data needed.
The problem approaching method used in this research is a sociological juridical approach. The reason for using a sociological juridical approach in this study is because the community or employees at the Tuban Regency Religious Court live in groups, both in terms of structure, dynamics, institutions, and social interactions.
This study uses primary data obtained directly through in-depth interviews from the Tuban Regency Religious Court. Secondary data in the form of data relating to issues, as well as records or official reports relating to mobile courts or out-of-court hearings in divorce cases.
Analytical method used in this study is a qualitative method, by systematically analyzing and compiling the data obtained such as legislation, principles, concepts, views, attitudes, behavior, literature, interviews, observations, and documentation related to this research regarding the application of Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Providing Legal Services for Underprivileged People in Courts in a study on the implementation of mobile courts in the settlement of divorce cases at the Religious Courts of Tuban Regency.

Results
The Religious Court of Tuban Regency has conducted mobile court or out-of-court trial as stipulated in Supreme Court Regulation Number 1 of 2014 concerning guidelines for providing legal services for the Underprivileged in court. From the results of the study, the Religious Courts of Tuban Regency have conducted mobile courts in three villages from thirteen sub-districts, which are shown in Table 1. The factors that caused the divorce case which was accepted by the Tuban Regency Religious Court in 2021 were among others due to adultery, drunkenness, oppression, gambling, leaving one party behind, being sentenced to prison, polygamy, domestic violence, disability, disputes and quarrels, continuously, forced marriage, apostasy, and because of economic factors. For the process of resolving divorce cases through a mobile court based on the results of interviews with Mr. M. Nur Wachid as the Junior Registrar, as following: "Dalam hal prosedur pelaksanaannya sebenarnya tidak terdapat perbedaan dengan prosedur pelaksanaan perceraian pada sidang umumnya, tetapi untuk prosedur penyelesaian perkara melalui sidang keliling ini lebih diminimalkan dan dipercepat karena menimbang dan memperhatikan anggaran biaya operasional dan waktu. Proses perkara perceraian tersebut dilaksanakan secara langsung, yang mana para pihak yang berperkara mendaftarkan perkaranya di Pengadilan Agama Kabupaten Tuban, dan pihak dari pengadilan akan memberikan informasi bahwa akan dilaksanakan sidang keliling di kecamatan pihak yang berperkara." (In terms of the procedure, there is actually no distinction within the procedure for divorce case in general courts, but the procedure for resolving cases through a mobile court is more minimized and accelerated considering the budget for operational costs and time. The divorce case process is carried out directly, where the litigating parties register their cases at the Tuban Regency Religious Court, and the court will provide information that a mobile court will be held in the litigating party's sub-district).
Before carrying out the divorce case settlement process through a mobile court at the Tuban Regency Religious Court, it is necessary to prepare several things to help the trial run, including:

Scheduling the mobile court
Before scheduling the time and place for the mobile court, the district religious court will first consider which areas are ready and suitable for occupancy for the mobile court. This was explained by Mr. Drs. M. Nur Wachid, Things to consider are: (1) the budget distributed by the government to hold a mobile court. (2) The area chosen to be the venue for the mobile court is far from the reach of the Tuban Regency Religious Court, and access to transportation used by the community is indeed difficult. (3) The principles of good Implementation of a mobile court in the settlement of divorce cases at the Tuban Regency Religious Court Syanaya Mela Abyta, Kasuwi Saiban, Sunarjo Sunarjo [5] governance are the principles of simple, quick, low cost, and the principle that the state participates in providing social justice for all its people.

Case type
Divorce cases registered at the Tuban Regency Religious Court always increasing from year to year. The reports received by the court until December 2021 were 3,008 (three thousand and eight) cases with various types of cases. However, in this case, not all divorce cases can be carried out through a mobile court. Cases that can be registered by a mobile court are only mild cases, which can be immediately decided in two trials. Based on the Decree of the Deputy Chief Justice of the Indonesian Supreme Court for Environmental Affairs of the Religious Courts Number 1 of 2013, cases that can be registered at the mobile court include: (a) the marriage certificate which has been mentioned in book II; (b) sued for divorce, suit filed by the wife; (c) talak divorce, which is dropped by the husband; (d) merging of isbat and divorce cases or talak if there is any evidence of marriage and will file for divorce; (e) child custody, an application for custody of a child who is not yet an adult; (f) appontment of heirs, which the party of the applicant must prove as legal heirs. Based on the interview with Mr. Drs. M. Nur Wachid as the Junior Registrar of Laws, obtains explanation that factually, all types of cases could be accepted, but the main choice was the types of cases that were easy to resolve, and the most common types of cases filed were litigation and talak cases.

Time
The time required for settling divorce cases at the Tuban Regency Religious Court is generally very long, starting from the initial registration until the outcome is decided. However, the time for settling divorce cases through a mobile court seems faster when compared with the Tuban Regency Religious Court, because considering the legal principle, which is the principle of quick cases. However, the time spent for settling cases is heavily depended on the case complexity, if cases have met the specified requirements, the process will be quick.
In terms of time, it is not only about the process of settling cases, but also the time taken from the residence of the litigating party to the place where the mobile court is held. The following are the results of an interview with Mr. M. Nur Wachid as the Junior Registrar of Laws: "Adanya sidang keliling ini dapat membantu dan meringankan beban masyarakat khususnya bagi yang rumahnya jauh dari Kantor Pengadilan Agama Kabupaten Tuban ini, dan dapat di katakan secara fisik dan emosional para pihak yang bersengketa dapat lebih tenang sehingga fokus dalam mengikuti jalannya proses persidangan karena tidak terlalu lelah, karena jarak yang ditempuh dari tempat tinggal mereka ke tempat pelaksanaan sidang keliling lebih dekat" (Mobile courts can help and ease the burden of the people, especially for those whose homes are far away from the Tuban Regency Religious Court Office, and it is safe to say that the participants tend to be calmer physically and emotionally, so that they can focus on following the trial process because they are not too tired. Thanks to the distance they should cover is now closer).

Case settlement costs
The costs required to settle the divorce case have been determined by the Tuban Regency Religious Court according to the radius of residence of the plaintiff and defendant. In litigation, the disputing parties do not only pay court fees, but there are other costs that must be incurred later, such as transportation costs, witnesses, and others. However, the presnece of the mobile court can help in reducing these costs. The following is the narrative of the results of the interview with Drs. M. Nur Wachid as Junior Registrar of Law: "Adanya sidang keliling ini memang sangat membantu sekali para masyarakat, yang mana masyarakat yang rumahnya jauh dari Pengadilan Agama Kabupaten Tuban dan sulit mengakses transportasi dapat tetap berperkara tanpa harus datang ke pengadilan, dengan begitu dapat mengurangi sedikit beban biaya bagi masyarakat yang berperkara atau yang mencari keadilan".
(The presence of this mobile court is really helpful, where people whose homes are far from the Tuban District Religious Court and find it difficult to access transportation can still continue their litigation without having to come to court, thereby reducing the cost for people who are litigating or seeking justice).
However, the cost of a case in a mobile court is almost the same as a trial conducted in court in general, because the cost is actually for the trial process. And in the case of conducting mobile courts, it may be possible to reduce the costs of the parties related to non-court proceedings so that they can save more and they do not have to spend a lot of money because the place where the trial is held is close to where they live.

Analysis of the application of Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Providing Legal Services for Underprivileged People in Courts
The Regulation of the Supreme Court Number 1 of 2014 stated that a mobile trial is a trial that is held outside the court building and carried out regularly, periodically, or at a time not determined by the court. It is set in a place that has its jurisdiction and is carried out outside the court. Courthouse in the form of a mobile court. The background of the mobile court is to assist the community in resolving their cases without having to come to the religious court.
Mr. M. Nur Wachid as the Junior Registrar of the Law of the Tuban Regency Religious Court explained that the court has a mobile trial or out-of-court trial based on the policies set by the Supreme Court, namely Regulation Number 1 of 2014 Concerning Guidelines for Providing Legal Services for The Underprivileged in Court. The mobile trial was held outside the Tuban Regency Religious Court building in order to provide legal services for people who live far from the court. In terms of transportation costs and the distance traveled is difficult to attend the trial at the court office. Underprivileged in Court. The mobile court also was carried out in accordance with the requirements and established procedures. Although the implementation can only be done at the beginning of the semester or the beginning of the year, ranging from January to April. However, thank God, this mobile court always gets support from the locals where the place for the mobile court to be held.) In the implementation of the mobile court, the types of cases that prioritized are light cases, such as cases of divorce, both litigation and divorce, and marriage isbat. The mobile court usually carried out at the sub-district office or at the village hall office within the court's jurisdiction. The process starts with the registration of divorce cases through a mobile court, but previously the court has coordinated with local agencies by sending a letter to the sub-district office or village hall office, and then given a place to hold a mobile court.
To register case at the Tuban Regency Religious Court, the litigating party have to submit a letter of application based on the sample issued by the religious court. After the application letter has been formulated and attached with the stipulated requirements such as a photocopy of the marriage book and ID card, it can be officially registered and filed. Then the chairman of the court will appoint a panel of judges so that they can make a schedule for the trial, and the bailiff is given the task of summoning the litigants in accordance with the schedule. On the day of the trial that has been scheduled, all parties in charge of mobile court depart to the trial location with the attributes that will be used in the trial.
The implementation of a mobile court at the Tuban Regency Religious Court in this case has also been in accordance with the principles set out in Article 2 of the Supreme Court Regulation No. 1 of 2014 concerning Guidelines for Providing Legal Services for Underprivileged Communities in Courts, one of which is the principle of simple, fast and low cost. As judicial institutions that assist people in seeking justice, religious courts must meet the expectations of justice seekers by always wanting a trial that is simple, quick and low cost (Atika et al., 2022;Fauzi, 2018). The purpose and objectives of this principle are not only focused on speed and low cost, nor are it aimed at instructing judges to be able to examine and decide divorce cases in a short time of only one or two hours, but what is expected is that the case examination process does not take that long.
Law Number 48 of 2009 concerning Judicial Power stated that simple principle the examination and settlement of cases should carried out effectively and efficiently. While low costs are court fees that are not burdensome and can be reached by all levels of society. However, the simple principle of quick and low cost, especially in the implementation of mobile courts, should not neglect accuracy and precision in seeking justice and truth.
From the interview with Mr. M. Nur Wachid related to the principles of simplicity, speed, and low cost, it can be concluded that the simple principle in mobile court means that the program is clear, easy to understand, and not complicated. The simple principle has been implemented well, every case that goes to court is always endeavored to be resolved in a simple manner, but cannot be separated from the existing procedural law. In addition, the development of the current era using electronic systems, people can register their cases or take care of their administrative needs via electronic means and there is no need to come to court. So, it can be said that all processes could have been carried out properly based on simple principles.
The quick principle relates to the process of examining cases in court such as the process of making trial minutes and submitting copies of the decision to the parties. The quick principle can minimize the condition where parties who deliberately delay the trial process for no reason. And the principle of low cost the trial is carried out at a low cost that can be afford by the community, because high costs can cause communities to be reluctant to file a claim for their rights to the court. (Kusmayanti, Putri, & Rahmainy, 2018).
Regarding the budget of conducting a mobile court has been obtained from the state, however, the cost of case registration is still there but minimized so that justice seekers do not spend a lot of money. In Article 20 Paragraph (1) (1). The costs charged to the budget of the court unit are only the cost of the religious court, and it is not stated that the cost of cases in general will also be charged to the budget of the court unit. Following are the results of the report on the implementation of the mobile court in the Tuban Regency Religious Court in 2021 along with the budgetary costs provided by the state. Table 2 presents the details of the costs. Table 2.

Mobile court costs and details
The mobile court usually covers up three sub-districts in the Tuban Regency area. Each sub-district then performs one session of mobile court and followed by trial at the Tuban Regency Religious Court. However, if possible, two sessions can be scheduled in one sub-district according to predetermined schedule and cannot be changed. For the mobile court to be held once or twice, is in accordance with the budget that has been given for the needs of the mobile court and in accordance with the predetermined target. Because the implementation of the mobile court is never about the number of times the trial is held, but it is about how many cases will be tried. If the predetermined target is one hundred cases, then one hundred cases will be tried in several sub-districts, and it is possible that two sub-districts are sufficient to reach the target, but if it is not enough then it can be carried out in three sub-districts with different trial rotations, one time, two times, and possibly three times.

Discussion
The implementation of the mobile court is an attempt from the religious court in providing a good legal service and to bring the community closer to the court. In the implementation of the mobile court, there are several factors, including supporting factors and inhibiting factors. The factors that support the implementation of the mobile court at the Tuban Regency Religious Court according to Drs. M. Nur Wachid as the Junior Registrar of Laws, are: (1) the funds used for the implementation of the mobile court. Funds are fundamental factor for the implementation of the mobile court, because lacking funds or no funds at all make the implementation of the mobile court will be obstructed. (2)  coordination, because of the good response, and supportive manner of village and subdistrict governments as well as local agencies under the jurisdiction of the Tuban Regency Religious Court, the implementation of the mobile court should be runs smoothly. In addition, the village officials could also prepare things that needed such as equipment and others, in sake of the smooth implementation of the mobile court. That being said, there are also inhibiting factors in the implementation of the mobile court: First, the litigants are not disciplined in attending the trial. This is usually happening because the litigants have forgotten the trial day, or the parties have other activities that cannot be left behind. However, according to information from Mr. M. Nur Wahid as the Junior Registrar of the Tuban Regency Religious Court, if the party does not attend the court trial will then be summoned second time. If the litigant is not present, despite being summoned two times, the case will be decided without the presence of the defendant or the plaintiff. Second, the unfavorable climate. The mobile court is held at the beginning of semester or at the beginning of the year, from January to May. The weather is usually rainy in those months, but according to Mr. M. Nur Wachid, this was not a big problem. Whatever happens, mobile court must still be held in the first semester, because it should take finances into account and need to immediately solve upcoming duties. Therefore, it can be concluded that there is no legal reason that allows the mobile court to be postponed due to unfavorable climatic conditions, except for special reasons such as national holiday or due to an accident or other situations.

Conclusion
The mobile court held by the Religious Court of Tuban Regency is generally effective, which is in accordance with the terms and procedures stipulated in the Supreme Court Regulation Number 1 of 2014 concerning Guidelines for Providing Legal Services for Underprivileged People in Court. The types of cases that can be tried in this mobile court are light cases and can be decided quickly, such as litigation cases, divorce cases, and marriage isbat. Supporting factors in the implementation of mobile court are; the existence of funds good transportation facilities, and good coordination between the village and subdistrict governments as well as local agencies. The inhibiting factors in the implementation of the mobile court are; the litigants are not disciplined in attending the trial, litigating parties have forgotten the day of their trial, and the parties have activities that cannot be abandoned. However, this can still be solved, if the party who does not attend will summoned twice or the case will be decided without their presence, whether it's defendant or plaintiff. The climate also sometimes is unfavorable, because it is held every first semester or at the beginning of the year, from January to May. Whatever happens, the mobile court must still be held in the first semester, because it should take finances into account and need to immediately solve upcoming duties. Therefore, it can be concluded that there is no legal reason that allows the mobile court to be postponed due to unfavorable climatic conditions, except for special reasons such as national holiday or due to an accident or other situations.