MENU
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| Jenis | : |
KKM
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| Judul | : |
CERAI GUGAT KARENA SUAMI MENINGGALKAN ISTRI SELAMA 2
TAHUN BERTURUT-TURUT (Tinjauan Yuridis Putusan Pengadilan Agama Gunungsitoli Nomor 29/Pdt.G/2023/PA.Gst)
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| Subjek | : |
Divorce
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| Pengarang | : |
RANI MARDIAN
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| Pembimbing | : |
Tri Lisiani Prihatinah,
Haedah Faradz
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2024
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| Call Number | : |
346.016 6 MAR c
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The purpose of marriage is to form a happy and lasting family. But in reality,
in a household there can be an undesirable thing that causes the breakup of
marriage. This research aims to find out how the basis for the judge's legal
considerations in deciding a divorce case because the husband left his wife for
two consecutive years and the legal consequences of a case of contested divorce in
the Gunungsitoli Religious Court Decision Number 29/Pdt.G/2023/PA.Gst.
The type of research in this study is a normative juridical type of legal
research with the method of approach: case, legislation, and conceptual, analytical
descriptive research specifications, data sources come from secondary data, data
collection methods are carried out by literature study, data presentation methods
are presented in the form of narrative text, and data is analyzed using qualitative
normative methods.
The results obtained showed that the Judge in his consideration granted the
request for a divorce based on Article 19 letter b of Government Regulation
Number 9 of 1975 jo Article 116 letter b of the Compilation of Islamic Law,
Article 32 paragraphs (1) and (2) of Law Number 1 of 1974 concerning Marriage
jo Article 78 paragraphs (1) and (2) of the Compilation of Islamic Law, Article 33
of Law Number 1 of 1974 concerning Marriage jo Article 77 paragraph (2) of the
Compilation of Islamic Law and Article 39 paragraph (2) of Law Number 1 of
1974 concerning Marriage. According to researchers, judges can add Article 34
paragraph (1) of Law Number 1 of 1974 concerning Marriage and Article 41 letter
c of Law Number 1 of 1974 concerning Marriage. The legal consequences of this
contested divorce are on children and maintenance from the husband. Both
parents are obliged to maintain and educate their children as well as possible until
the child is an adult. The wife's rights after suing her husband for divorce can be
in the form of iddah maintenance and mut'ah maintenance as long as she is not
nusyuz. As for joint property, each is entitled to one-half of the joint property as
long as it is not specified otherwise in the marriage agreement.
Keywords: Divorce, Abandoning Wife, Legal Effects
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