%A NIM.: 20203012072 Nur Avita, S.H.
%O Pembimbing: Prof. Dr. Euis Nurlaelawati, M.A.
%T SIKAP HUKUM HAKIM TENTANG NAFKAH IDAH PADA CERAI GUGAT (KAJIAN PUTUSAN PENGADILAN AGAMA YOGYAKARTA)
%X 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.
%K Nafkah Idah, Cerai Gugat, Sikap Hakim
%D 2022
%I UIN SUNAN KALIJAGA YOGYAKARTA
%L digilib56462