%A NIM.: 20203011053 Najmia Nur Izzati, s.h.
%O Pembimbing:
Dr. Samsul Hadi, S.Ag., M.Ag.
%T IMPLEMENTASI PERLINDUNGAN HAK-HAK ISTERI
DALAM PUTUSAN CERAI TALAK
DI PENGADILAN AGAMA SAMARINDA TAHUN 2020
%X This study discusses the implementation of the protection of wife's rights in
divorce decisions at the Samarinda Religious Court in 2020. The author examines
the efforts made by judges to provide protection for the rights of wives in
decisions at the Samarinda Religious Court and analyzes six judges' decisions that
have implications for the imposition of the wife's rights over mut'ah and iddah
using John Rawls' theory of justice and the discovery of progressive law. The
purpose of the study is to understand the efforts of the Samarinda Religious Court
in protecting the wife's rights to mut'ah and iddah support in the 2020 divorce
decision and to understand the analysis of the judge's decision in the divorce case
at the Samarinda Religious Court according to John Rawls' theory of justice and
the discovery of progressive law.
This research is a library research with descriptive analytical research. The
approach used by the author is a normative juridical approach with an approach to
legal theories, namely John Rawls' theory of justice and Satjipto Rahardjo's
progressive legal discovery. The data collection methods are documentation and
interviews. Documentation was taken from six copies of the decision on the
divorce case at the Religious Courts which had implications for the imposition of
the wife's rights over mut'ah and iddah and interviews with three judges at the
Samarinda Religious Court.
The conclusions of this study are First, that the Samarinda Religious Courts have
tried to provide protection for the rights of the wife in the divorce decision;
Second, that from the analysis of the 6 decisions related to the implementation of
the protection of the rights of the wife after divorce on mut'ah and iddah support
in the divorce decision at the Samarinda Religious Court in 2020, it has not been
fully in accordance with the principles of justice of John Rawls and has not made
legal discoveries. progressive, namely by using the authority of ex-officio rights.
This is due to the differences in the judge's paradigm of thinking textually and
contextually.
%K wife's Rights; divorce talaq; perceraian; Pengadilan Agama
%D 2022
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib54798