Abstrak :
One of the reasons for divorce in the Explanation of Article 39 paragraph (2) of the
Marriage Law jo. Article 116 of the Compilation of Islamic Law i.e. between
husband and wife there are constant disputes and quarrels. This study discusses
divorce filed by the wife on the grounds of domestic violence and the absence of
compulsory income or birth, causing disputes and quarrels.
The formulation of this research problem is how the judge's legal considerations in
deciding divorce cases against the Purbalingga Religious Court Decision Number:
2078 / Pdt.G / 2022 / PA. Pbg and what are the legal consequences of divorce. This
research uses normative juridical research types, case approach methods,
analytical descriptive research specifications. The data used are secondary data
with data collection using literature studies in the form of narrative texts, then
analyzed normatively qualitatively.
The results showed that the judge's legal considerations in granting divorce in case
Number 2078/Pdt.G/2022/PA. Pbg is based on the Explanation of Article 39
paragraph (2) letter f of the Marriage Law jo Article 116 point f KHI. To strengthen
the decision, the Panel of Judges in its legal consideration may add an Explanation
to Article 39 paragraph (2) letter d of the Marriage Law jo Article 116 letter d of
the KHI and Article 116 point g of the KHI. The legal consequences of divorce in
this decision are 3 things, namely on the parties concerned, to children, especially
regarding the maintenance and provision of income and the division of joint
property. The consequences of the husband and wife relationship, namely Talak
Satu Bain Sughra in accordance with the meaning of Article 119 paragraph (2) of
the KHI and its explanation. Regarding the management of children regulated in
Article 41 of the Marriage Law, parents are obliged to take care of their children
until they are adults, while in Islamic law it is regulated in Article 105 of the
Compilation of Islamic Law, namely children who have not been mumayyiz or have
not yet reached the age of 12 (twelve) years, the wife is the one who has the right
to nurture, educate, and maintain her children. In addition, the joint property is
divided as stipulated in Article 37 of the Marriage Law. Article 97 of the
Compilation of Islamic Law states that widows or divorced widowers are each
entitled to one-second of the joint property.
Keywords :Divorce, Persecution, Dispute
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