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| Jenis | : |
KKM
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| Judul | : |
CERAI GUGAT KARENA PENGANIAYAAN DAN KEKERASAN SEKSUAL
(Tinjauan Yuridis Putusan Pengadilan Agama Labuha Nomor 3/Pdt.G/2022/PA.Lbh)
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| Subjek | : |
Divorce
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| Pengarang | : |
ANNISA CRYSANTI
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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 CRY 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 a sacred event for the people who performs it. One of the main goals of
marriage is to form a harmonious family, create a happy atmosphere, and achieve tranquility
and comfort for husbands, wives, and other family members, but in the reality not all families
can realize the purpose of marriage. This is because there are several factors that cause the
breakup of marriage. In Decision Number 3/Pdt.G/2022/PA. Lbh, the Plaintiff filed for divorce
against the Defendant due to a dispute arising from the Defendant committing Persecution and
Sexual Violence.
The formulation of this research problem is how the judge's legal considerations in
deciding case Number 3/Pdt.G/2022/PA.Lbh and what are the legal consequences of divorce
lawsuit in the judgment. This research uses a normative juridical type of research with case,
statutory, and conceptual approach methods, and the research specification is descriptive
analytical. The data sources used are secondary data with data collection using literature studies
in the form of narrative texts, then analyzed normatively qualitatively.
Based on the results of the study, it can be seen that the judge's consideration in granting
divorce lawsuit Number 3/Pdt.G/2022/PA. Lbh Based on the Explanation of Article 39
paragraph (2) of Law Number 1 of 1974 regarding divorce, there must be sufficient reasons that
the husband and wife will no longer be able to live together as husband and wife, Article 19
letter (f) of Government Regulation Number 9 of 1975 jo. Article 116 letter (f) of the
Compilation of Islamic Law regarding the reasons for divorce, namely between husband and
wife there are continuous disputes and quarrels and there is no hope that they will live in
harmony again in the household. According to the researchers, there are several other articles
that can also be added to the judge's consideration, namely Article 19 letter (d) of Government
Regulation Number 9 of 1975 jo. Article 116 letter (d) of the Compilation of Islamic Law
regarding the grounds for divorce, namely one-party committing cruelty or serious
maltreatment that endangers the other party and Article 5 of Law Number 23 of 2004
concerning everyone is prohibited from committing domestic violence. The legal consequences
of a contested divorce in the decision are the effects on the relationship between husband and
wife and joint property. The relationship between husband and wife is the termination of the
relationship between the Defendant and the Plaintiff as husband and wife and the end of the
rights and obligations of husband and wife between the two. The plaintiff is entitled to mut'ah
and iddah alimony because there is no evidence of nusyuz. Regarding joint property, the
Plaintiff is entitled to joint property in the amount of one-half of the total joint property.
Keywords: Divorce Suit, Persecution, Sexual Violence
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