%0 Thesis
%9 Skripsi
%A Moh. Ahda Maulana Matondang, NIM.: 19103050082
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2025
%F digilib:74487
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Maqasid Syariah, Perceraian, PNS, Izin Atasan, Hukum Islam
%P 97
%T ANALISIS PUTUSAN CERAI TALAK PEGAWAI NEGERI SIPIL (PNS) TANPA SURAT IZIN ATASAN (STUDI PUTUSAN PENGADILAN AGAMA SLEMAN NO.1233/Pdt.G/2021/PA.Smn)
%U https://digilib.uin-suka.ac.id/id/eprint/74487/
%X Divorce filed by a Civil Servant (PNS) is required to obtain prior authorization from  a competent official, as stipulated in Article 3 of Government Regulation No. 10 of  1983 concerning Marriage and Divorce Permits for Civil Servants in conjunction  with Article 1 of Government Regulation No. 45 of 1990 concerning Marriage and  Divorce Permits for Civil Servants. This research analyzes the legal framework and  the Maqasid al-Shariah perspective on Decision Number  1233/Pdt.G/2021/PA.Smn, which granted a divorce petition (cerai talak) filed by a  Civil Servant without obtaining authorization from his superior. The study aims to  examine the judges’ legal considerations and assess the conformity of the decision  with Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI),  and the principles of Maqasid al-Shariah.  This research applies a normative juridical method with statutory, case, and  conceptual approaches. Data were collected through library research, focusing on  primary legal sources such as court rulings, relevant legislation, and Islamic legal  literature. The analysis was conducted qualitatively to assess the alignment between  the court’s decision, statutory norms, and the principles of public benefit  (maslahah).  The findings show that the court granted the petition based on valid legal grounds  for divorce as stipulated in Article 19 of Government Regulation No. 9 of 1975 and  Article 116 of the Compilation of Islamic Law, despite the petitioner’s  administrative violation of Government Regulation No. 10 of 1983 jo. No. 45 of  1990. From the Maqasid al-Shariah perspective, the ruling aligns with the  objectives of preserving religion (hifz al-din), life (hifz al-nafs), and dignity (hifz  al-‘ird), serving the greater public interest by preventing prolonged domestic harm.  The study recommends harmonizing administrative and religious legal frameworks  to ensure that divorce rulings involving civil servants uphold bureaucratic discipline  while maintaining the principle of maslahah.
%Z Yasin Baidi, S.Ag., M.Ag.