Abstrak :
Marriage has an important role in religions, including in Islam, which
regards it as a basic human need and a sacred bond between a man and a woman.
There are various obstacles that can interfere with relationships in the household.
The act of adultery can be a triggering factor for domestic disputes which is the
reason for divorce. The divorce case filed against Number
3390/Pdt.G/2022/PA.Srg, the husband committed adultery with the plaintiff's
biological mother causing ongoing disputes. This study aims to analyze divorce
cases that occurred because the Defendant committed adultery with the Plaintiff's
biological mother.
The formulation of the problem of this research is how the basis of the judge's legal
considerations and the consequences of the divorce law are contested in the
decision Number 3390/Pdt.G/2022/PA.Srg regarding divorce sued on the grounds
that the husband is adultery. The method used in this study is normative juridical
with analytical prescriptive research specifications. The data sources used in this
research are primary legal materials, secondary legal materials, and tertiary legal
materials. The data obtained is presented in a systematic narrative text.
The results of the research and discussion, (1) The decision of the Religious
Court Number 3390/Pdt.G/2022/PA.Srg is only based on the explanation of Article
39 paragraph (2) of Law Number 1 of 1974 concerning Marriage jo. Article 116
letter (f) Compilation of Islamic Law overrides Article 19 letter (a) Government
Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of
1974 concerning Marriage jo. Article 116 letter (a) Presidential Instruction
Number 1 of 1991 concerning Compilation of Islamic Law and Article 19 letter (d)
Government Regulation Number 9 of 1975 concerning Implementation of Law
Number 1 of 1974 concerning Marriage jo. Article 116 letter (d) Presidential
Instruction Number 1 of 1991 concerning Compilation of Islamic Law. The Panel
of Judges set aside Article 87 Paragraph (1) of Law Number 7 of 1989 concerning
the Religious Courts regarding divorce on the grounds of adultery. The Panel of
Judges also ruled out SEMA Number 3 of 2018 regarding the wife's right to receive
iddah and mut'ah maintenance. (2) The fall of one bain sughra divorce results in
the dissolution of the marriage and cannot be reconciled except with a new
marriage contract referring to Article 119 paragraph (1) of Presidential Instruction
Number 1 of 1991 concerning Compilation of Islamic Law. The effect on joint assets
is that the distribution of joint assets is divided fairly, namely half of the joint assets.
Keywords: Divorce because of Adultery
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