SIKAP HUKUM HAKIM TENTANG NAFKAH IDAH PADA CERAI GUGAT (KAJIAN PUTUSAN PENGADILAN AGAMA YOGYAKARTA)

Nur Avita, S.H., NIM.: 20203012072 (2022) SIKAP HUKUM HAKIM TENTANG NAFKAH IDAH PADA CERAI GUGAT (KAJIAN PUTUSAN PENGADILAN AGAMA YOGYAKARTA). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In recent years, divorce cases have held the highest position in the Religious Courts compared to other cases. One of the courts that has handled a high number of contested divorce cases is the Yogyakarta Religious Court. In the case of divorce, the wife still has the right to earn idah if it is not proven to be nusyuz, in accordance with Supreme Court Circular Letter No. 3 of 2018. However, in reality there are still many husbands who neglect the maintenance of Idah, even though their wives are not proven nusyuz. In this contested divorce case, the judge has a very important role with his ex officio rights to achieve the value of justice. Departing from this, this study answered 3 (three) questions. First, what is the understanding of the judges regarding the provision of alimony in divorce cases, especially in relation to the provision of ex officio rights? Second, how are the efforts of the judges in carrying out the dictum of granting alimony for divorce which is included in the decision? Third, have the decisions of the Yogyakarta Religious Court related to fulfilling Idah's maintenance in a contested divorce realized the value of justice? To answer this question, this study uses a juridicalempirical approach with law discovery theory and justice theory. This thesis includes library research (library research), supported by field research (field research) which is analytical descriptive in nature. This research found; first, that the judges have diverse views regarding the provision of maintenance of idah in the context of a contested divorce, and they adhere normatively to the provision that in cases of contested divorce, women do not have the right to maintenance of idah, and will consider it only if the maintenance is submitted formally in seduction by the wife. Second, the above understanding seems to be still strong even though there is a Supreme Court Circular regarding divorce and ex officio rights owned by a judge to provide protection for women, and for this reason the judges still have an understanding that these rules and rights cannot be applied unless, if the wife includes a request for maintenance of idah and that the request that is granted is an application for maintenance of idah that meets legal requirements. Third, in the execution of the payment of the maintenance of the wife who has complied with the legal requirements and efforts to bring about justice, the judges try to do so by clearly stating it in the dictum and by holding the divorce certificate before the maintenance of the wife is suspended. In this effort, judges face challenges to their husband's economic capacity, women's lack of understanding regarding the process and procedure for obtaining their rights, neglect of husbands who ignore these burdens and the unavailability of coercive rules.

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