Abstrak :
Marriage is a significant social and legal institution in human life, recognised by society and regulated by legislation in Indonesia. However, in
reality, the understanding of the sacred value of marriage is often poorly
understood, and as a result, there are many cases of divorce. The reasons for
divorce are regulated in legislation, such asthe explanation of Article 39 paragraph
(2) of the Marriage Law and Article 19 of Government Regulation Number 9 of
1975, which includes various reasons, one of which is disputes and quarrels and
there is no hope that they will live in harmony again in the household. There are
many factors that cause domestic disputes that cannot be resolved, and the aspect
that is quite influential in this case is the fulfilment of maintenance, both in the form
of material (physical maintenance) and emotional (mental maintenance). Thisresearch explores the legal considerations of judges in deciding cases
and the legal consequences of cases of contested divorce that occur in the East
Jakarta Religious Court Decision Number: 495/Pdt.G/2022/PAJT. This research
uses normative juridical research methods with descriptive analytical research
specifications, data sources come from secondary data, data collection methods are
carried out by literature study, data presentation methods are carried out by
qualitative analysis, and data is analysed using qualitative normative methods. The results showed that the judge in his consideration granted the
plaintif 's claim with the legal basis of Article 19 letter f of Government Regulation
No. 9 of 1975 concerning the Implementation of Law No. 1 of 1974 concerning
Marriage jo. Article 116 letter f of the Compilation of Islamic Law The judge in his
consideration can add Article 33 of Law Number 1 of 1974 concerning Marriage
jo. Article 77 paragraph (2) of the Compilation of Islamic Law, Article 34 of Law
Number 1 of 1974 concerning Marriage jo. Article 80 paragraph (2) of the
Compilation of Islamic Law and the Explanation of Marriage Law Article 39
paragraph (2) letter (e) of Law Number 1 Year 1974. The legal consequences of
this divorce on the relationship between husband and wife are Talak One Ba'in
Sughraa against the Defendant to the Plaintif . The joint property is divided fairly, in the form of each party is entitled to one-half of the joint property. Keywords: Divorce Petition, Material and Emotional Alimony, Divorce in Marriage
|
