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| Jenis | : |
KKM
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| Judul | : |
TINJAUAN YURIDIS TERHADAP FASAKH PERKAWINAN KARENA
PASANGAN BERPINDAH AGAMA (Studi Putusan Pengadilan Agama Bontang Nomor 34/Pdt.G/2024/PA.Botg)
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| Subjek | : |
Marriage
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| Pengarang | : |
Septi Naelina Fajriah
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| Pembimbing | : |
Tri Lisiani Prihatinah,
Sulistyandari
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| Prodi | : |
ILMU HUKUM
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| Tahun | : |
2025
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| Call Number | : |
346.016 FAJ t
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
Fasakh is a form of termination of the marriage relationship in Islamic law.
One of the reasons for fasakh is apostasy, which causes the contract to be fasakh.
The apostasy rule is contained in KHI Article 75 letter (a) which correlates with the
annulment of marriage and Article 116 letter (h) as a reason for divorce. This
research analyzes PA Bontang Decision No: 34/Pdt.G/2024/PA.Botg which was
decided fasakh based on Article 75 letter (a) KHI and its legal consequences. The
research method to analyze is normative juridical with statutory, case and
conceptual approaches. Analytical prescriptive research specifications, data
sources using secondary data. The method of collecting data is literature study,
presentation of data is narrative text and the method of analysis is normative
qualitative.
The results of the research and discussion are that the Panel of Judges in
deciding the fasakh case in the PA Bontang Decision is incorrect in using the legal
basis, namely Article 75 letter (a) KHI regarding marriage annulment. According
to the author, the judge should have considered Article 116 letter (h) KHI as a legal
basis in making a decision because the case a quo has fulfilled this formulation.
The legal consequences are that the marital status between the Plaintiff and the
Defendant is broken which has the status of ba'in shugraa, the status of the child of
the Plaintiff and the Defendant is a legitimate child, and the joint property is divided
by one-half.
Keywords: Fasakh, Apostasy, Marriage.
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