MENU
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| Jenis | : |
KKM
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| Judul | : |
CERAI GUGAT KARENA SUAMI PEMABUK DAN PENJUDI (Tinjauan Yuridis Putusan Pengadilan Enrekang Nomor 47/Pdt.G/2023/PA.Ek)
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| Subjek | : |
Divorce
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| Pengarang | : |
HENRIDHO NAUFAL ARRAHMAN
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| Pembimbing | : |
Haedah Faradz,
Mukhsinun
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.016 6 ARR c
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Marriage is an inner birth bond between a man and a woman as husband
and wife with the aim of forming a happy and eternal family based on the One True
Godhead. The purpose of marriage is to form a happy, eternal, and prosperous
family, so the law adheres to the principle of making divorce difficult, to allow
divorce there must be certain reasons and must be carried out before the Court.
This study aims to find out how the judge's legal considerations in deciding
divorce cases against the Enrekang Religious Court Decision Number
47/Pdt.G/2023/PA. Ek and how the legal consequences of divorce lawsuits. The
research method used in this study is normative juridical with analytical
perscriptive research specifications. The data source used is secondary data
obtained from literature studies. Data are presented in the form of narrative texts
using qualitative normative analysis.
Based on data from research and discussion results showing that the Panel
of Judges in its Decision granted the divorce application due to disputes and
quarrels that occurred continuously, the judge only based on Article 39 paragraph
(2) of Law Number 1 of 1974 concerning Marriage jo Article 19 letter f Government
Regulation Number 9 of 1975 jo Article 116 letter f KHI. According to researchers
in the case, there are legal facts in the form of husbands often gambling, and often
drinking alcohol ) which is intoxicating, so that the Panel of Judges in its legal
consideration may add an Explanation to Article 39 paragraph (2) letter (a) of Law
Number 1 of 1974 jo Article 19 letter (a) of Government Regulation Number 9 of
1975 jo Article 116 letter (a) of the KHI. The legal consequences of divorce in this
decision are 2 (two) things, namely against the parties and against children. The
legal effect on the parties is talaq one ba'in sughra which results in the ex-husband
being forbidden to reconcile with the ex-wife, but among them can enter into a new
marriage contract even though it is still in the mass of iddah, it is based on the
provisions of Article 119 of the Compilation of Islamic Law. While the legal
consequences for children, namely the child has the right to choose the right of
maintenance between father or mother because the child is mumayyiz, but the
maintenance costs are still borne by the father, as stipulated in Article 105 letters
(b) and (c) of the Compilation of Islamic Law.
Keywords: Divorce, Drunkards and Gamblers, Legal Effects.
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