<> "The repository administrator has not yet configured an RDF license."^^ . <> . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014"^^ . "In the period of 2012 to 2014, the Religious Court of\r\nPamekasan had received, examined and decided on various types\r\nof cases in the number of 5,199 verdicts, consisting of 3,683\r\n(70.84%) divorce verdicts and the remaining 1,516 (29.16%) as\r\nother verdicts. The divorce verdicts consisted of 1,503 (40.81%)\r\nfiles for talaq(the husband’s right to dissolve the marriage by\r\nsimply announcing to his wife that he repudiates her)and 2,180\r\n(59.19%) files for khul’(a wife to initiate a divorce through the\r\nmutual consent of the husband or a judicial decree). In the files\r\nfor talaqand khul’, there were 117 (7.78%) and 8 (0.37%),\r\nrespectively, decisions regarding the determination of the rights\r\nof women and children.\r\nThe data could be interpreted that, first, there was a\r\ndominance of the quantity of divorce cases over other cases, that\r\nthe household problems in the married couple in Pamekasan were\r\nclassified as very high in quantity (70.84%) which had to end in\r\ndivorce. Second, there was the dominance of divorce cases that\r\nwere interesting to note that women or wives showed\r\nextraordinary courage to break their life partner status as husband\r\nand head of the family, although it was commonly known that\r\nthey had been blessed with children. Third, both sides, either the\r\nhusband or the wife who applied for divorce, were more focused\r\non filing a basic claim, i.e., breaking the marriage bond rather\r\nthan submitting an additional claim both for themselves and their\r\noffspring even though it was commonly known despite the\r\npresence of children.\r\nThe description of the problems of women and children in\r\ndivorce verdicts was enough to be the reason for this study to: (1)\r\nfind a form of determining the rights of women and children in\r\ndivorce verdicts in the study site, (2), identify factors that\r\ninfluenced the determination, and ( 3) determine the implications\r\nof divorce verdicts on efforts to protect women and children. This\r\nqualitative studyused a sociolegal research design,an explorative\r\nex-post facto research type, and symbolic interactions. The\r\nresearcherwas positioned as an instrument or research data\r\ncollector. The source of data in this study was secondary and\r\ntertiary data and 3 types of legal materials, i.e., primary legal\r\nmaterials, secondary legal materials, and tertiary legal materials\r\ncollected by interactive and non-interactive methods. The research informants were determined by purposive sampling\r\ntechnique with the principle of funnel design, expanded and\r\ndeveloped with the snowball sampling technique. The data\r\nanalysis was carried out during data collection (interviewconfirmation)\r\nand document content through a systematic process\r\nof tracking and regulating the conceptual themes of the focus of\r\nthe study. The validity test of the data was carried out by\r\nconfirmatory techniques, peer discussion, negative case analysis,\r\nand tracking data suitability.\r\nBased on the findings of this study, it was concluded that:\r\nfirst, the form of determining the rights of women and children in\r\ntalaqverdicts was based on the initiative of women as the one to\r\nfile a reconciliation claim by 91 (6.05%) verdicts and based on\r\nthe judge’s initiative through ex officio institutions by 26 (1.73%)\r\nverdicts while the khul’ verdict was based on the initiative of\r\nwomen to submit thecumulative claims by 8 (0.37%). This data\r\ncould be interpreted that the determination of the rights of women\r\nand children in the religious court decisions required women to\r\nactively file claims because the judges (in general) were still\r\nlegalism or positivism. They were very obedient in holding the\r\nUltra Petita or Ultra Petitum Partium legal doctrine, i.e., being\r\nprohibited from deciding more than what is requested or not\r\nrequested even though this doctrine can be deviated if the\r\ndemands are interconnected.Second, in this study there were three\r\nfactors revealed that influenced the determination of women’s and\r\nchildren’s rights in the religious court’sverdicts, at least\r\nconsisting of elements of legal material, legal structure, and legal\r\nculture. For example, divorce cases were generally decided by\r\nverstek. The women (wives) only filed a primary lawsuit, i.e., a\r\nlawsuit to sever their marriage ties. They did not demand any\r\nrights unless they wanted to be immediately free from the turmoil\r\nand domestic crisis or domestic violence because they felt and\r\nexperienced severe suffering so that they did not think to propose\r\nother rights other than the termination of marital ties as selfliberation.\r\nFor them, divorce was considered a pair of ‘sharp\r\nscissors’as the breaker of the chain of violence. Third, the\r\nimplications of the verdicts on the protection of women and\r\nchildren were largely determined by the mindset of judges and the\r\ncouple. In this study, it was concluded that the implications of the\r\nverdicts on the protection of women and children resulted in three\r\ntypologies, i.e., a neutral one, the one that protected women and children, and the one that did not protect women and children. In\r\nparticular, the implications of decisions on child protection were\r\nlargely determined by the lawsuit filed by the mother regarding\r\nthe determination of the hadlonah and the livelihood of the child.\r\nIn the talaq verdicts (1,503 decisions), there were 2 which\r\nstipulated hadlonah (0.13%), 74 for the livelihood of the child\r\n(4.92%), and 3 that determined hadlonah and the livelihood of the\r\nchild (0.20%). In the khul’ (2,180 cases), there were 2 verdicts\r\nstipulating hadlonah (0.09%) and 2 stipulating the child income\r\n(0.09%) and 1 stipulating hadlonah and the livelihood of the\r\nchildren (0.04%). This data could be interpreted that only a few\r\nchildren as the victims of divorce received legal protection\r\nbecause there was no certainty about who was responsible for the\r\nhadlonah and the living cost. The implication was that women as\r\nwives had to bear the obligation that actually it was not their\r\nobligation while the husbands were free from any obligations. In\r\nthis position, there had been impunity (omission) of the husband\r\nby the court."^^ . "2019-08-14" . . . . "UIN SUNAN KALIJAGA YOGYAKARTA"^^ . . . "PASCASARJANA UIN SUNAN KALIJAGA, UIN SUNAN KALIJAGA YOGYAKARTA"^^ . . . . . . . . . "NIM. 09.3.781/BR"^^ . "Siti Musawwamah"^^ . "NIM. 09.3.781/BR Siti Musawwamah"^^ . . . . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Text)"^^ . . . . . "12300016025 BAB I, VI, DAFTAR PUSTAKA, LAMPIRAN.pdf"^^ . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Text)"^^ . . . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "lightbox.jpg"^^ . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "preview.jpg"^^ . . . "PERLINDUNGAN HAK-HAK PEREMPUAN\r\nDAN ANAK PADA PUTUSAN PERCERAIAN\r\nDI PENGADILAN AGAMA PAMEKASAN\r\nTAHUN 2012-2014 (Other)"^^ . . . . . . "medium.jpg"^^ . . . 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