PERCERAIAN PASANGAN SUAMI ISTRI PENYANDANG DISABILITAS NETRA (Kajian Hukum Putusan Pengadilan Agama Bantul No. 414/Pdt.G/2011/PA.BTL dan Pengadilan Tinggi Agama Yogyakarta No. 46/Pdt.G/2011/PTA.YK)

Muhammad Adam, NIM.: 16340031 (2021) PERCERAIAN PASANGAN SUAMI ISTRI PENYANDANG DISABILITAS NETRA (Kajian Hukum Putusan Pengadilan Agama Bantul No. 414/Pdt.G/2011/PA.BTL dan Pengadilan Tinggi Agama Yogyakarta No. 46/Pdt.G/2011/PTA.YK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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	Text (PERCERAIAN PASANGAN SUAMI ISTRI PENYANDANG DISABILITAS NETRA (Kajian Hukum Putusan Pengadilan Agama Bantul No. 414/Pdt.G/2011/PA.BTL dan Pengadilan Tinggi Agama Yogyakarta No. 46/Pdt.G/2011/PTA.YK)) 16340031_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf Restricted to Registered users only Download (8MB) | Request a copy

Abstract

Instinctively, humankind including person with disabilities also have a desire to be able to build a household and have a human life that is guaranteed by the state. Seeing the limitations they had not deter to build an ark that everyone dreams. In fact, what the authors found was a household fostered by a family with visual disabilities in Bantul, coloured with various difficulties and also the issue of infidelity and domestic violence (hereinafter referred to as KDRT). Sadly, what should not have happened in their household turned out to be more than expected. The authors tried to analyze what the basis and considerations of first-level judges and appellate level judges in deciding a divorce case for a couple with visual disabilities, and furthermore assesses the suitability of the two rulings to fulfil aspects of equity and protection of the future of their family and their marriage ties. This study uses a juridical-empirical approach. This research data analysis using descriptive-analysis method of Court Decision No. 0414 /Pdt.G / 2011 /PA.BTL and Court Decision No. 46 /Pdt.G / 2011 /PTA.YK. The data is complemented by literature searches from books, other research, as well as available scientific sources. This research concludes, that: 1) the legal considerations for the first level judges to decide the divorce of persons with disabilities depend on Article 19 letter (f) PP No. 9 of 1975, and also linked to the Book of Fiqhus Sunnah Juz 2 page 249 which contains the wife to be able to file for divorce to the court, if there is a disrepair in his family so that it makes the situation even more difficult and hard to be reconciled as before; Whereas the appellate-level judges uses an approach from the facts in the form of a lawsuit filed by the appeal / the plaintiff should not be granted, because it is formally fulfilled but defects in fulfilling the material requirements. The sincere desire of the appellant to want his marriage to be continued considering the conditions of both (the appellant and the appellee) are fellow persons with disabilities, worried about the safety and conditions of the appellee/plaintiff when alone taking care of his five children, and the appellant/defendant who still loves the appellee/plaintiff without heeding the facts of the previous affair is the best solution for this blind partner with disabilities; 2) Examination of divorce cases involving persons with disabilities at that time did not fully reflect the fulfilment of the element of justice due to the substance of the law as well as its own officers who examine cases still riveted to the ancient rules that were unfavourable to persons with disabilities. First-level judges also prioritize legal interpretation that rests on the implementing rules of the Marriage Law, The book of Fiqhus Sunnah, and argues that the plaintiff's claim is appropriate to be granted only the fulfilment of formal and material requirements. Although the decision at the appeal level is rectified in its formal fulfilment, the legal approach of the appellate-level judges which rests on breakthroughs and relies on the facts revealed from the additional examination, reflecting on the mistake of the first-level judges who misunderstood the procedure of one of PERMA, and live priority to the generosity of the appellant/defendant who is still in love and wants to stay with the appellee/plaintiff.

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