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EFEKTIVITAS SEMA NOMOR 2 TAHUN 2019 TERHADAP PEMENUHAN HAK-HAK PEREMPUAN PASCA CERAI GUGAT DI PENGADILAN AGAMA SLEMAN TAHUN 2023
In 2023, the Sleman Religious Court handled 905 cases of contested divorce, which often resulted in a lack of fulfillment of the wife's rights due to the lack of regulation in the Law and the Compilation of Islamic Law. To address this, the Supreme Court issued SEMA No. 2 of 2019, accommodating SEMA No. 3 of 2018 and PERMA No. 3 of 2017. However, the provision of this regulation has not been effective in some courts. This research will assess the effectiveness of SEMA No. 2 of 2019 in a contested divorce case at the Sleman Religious Court, specifically in Decision No. 1175/Pdt.G/2023/PA.Smn and Decision No. 1228/Pdt.G/2023/PA.Smn, with the following problem formulations: (1) How is the application of SEMA No. 2019 in the case of contested divorce at the Sleman Religious Court? (2) How is the judge's authority in protecting women's rights after a contested divorce? (3) How is the effectiveness of SEMA No. 2 of 2019 in the solving of contested divorce cases at the Sleman Religious Court? This research uses a qualitative method with normative-empirical legal research that is analytically descriptive. The approach used is a case approach, statutory approach, and philosophical approach which will be applied using the theory of authority, theory of legal effectiveness, and theory of legal reasoning. The statutory approach will provide a theoretical basis, the case approach will provide examples of legal implementation in practice, and the philosophical approach will analyze the fundamental values and principles that form the basis of legal norms. The data collection methods used in this research are interviews and documentation. The results showed the application of SEMA No. 2 of 2019 in Decision Number 1175/Pdt.G/2023/PA.Smn and Decision Number 1228/Pdt.G/2023/PA.Smn is a form of fulfillment of the rights of wives and children after divorce related to the burden caused by the wife's divorce and child maintenance. Judge's authority in granting the wife's rights in Decision Number 1175/Pdt.G/2023/PA.Smn is carried out ex officio and does not conflict with the principle of ultra petite partium. Viewed through the theory of legal effectiveness and the theory of legal reasoning, the Sleman Religious Court has attempted to implement the provisions in SEMA No. 2 of 2019 towards fulfilling the wife's rights after a contested divorce. However, in the context of legal culture, there are shortcomings in implementing the law in society. Thus, the application of this SEMA has not been fully effective when viewed from the point of view of legal culture, but viewed from the point of view of legal structure and substance, this SEMA has been effectively implemented by the internal institution of the Sleman Religious Court.
FAKULTAS SYARI'AH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
EFEKTIVITAS SEMA NOMOR 2 TAHUN 2019 TERHADAP PEMENUHAN HAK-HAK PEREMPUAN PASCA CERAI GUGAT DI PENGADILAN AGAMA SLEMAN TAHUN 2023 (Text)
EFEKTIVITAS SEMA NOMOR 2 TAHUN 2019 TERHADAP PEMENUHAN HAK-HAK PEREMPUAN PASCA CERAI GUGAT DI PENGADILAN AGAMA SLEMAN TAHUN 2023 (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)