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PRAKTIK CERAI GUGAT DENGAN ALASAN PELANGGARAN TAKLIK TALAK: STUDI DI PENGADILAN AGAMA SLEMAN
The increasing number of divorce lawsuits filed by wives reflects the growing legal awareness of women in asserting their rights through judicial proceedings. One distinctive ground for divorce is the violation of taklik talak, namely a conditional pledge declared by the husband as a legal commitment within marriage. Although taklik talak has been formally recognized under Indonesian positive law, its application in judicial practice is not always straightforward, as any alleged violation must be carefully assessed and proven through judicial consideration. Accordingly, this study aims to examine the practice of divorce lawsuits based on violations of taklik talak at the Sleman Religious Court, to identify the forms of violations most frequently invoked, and to analyze judges’ legal considerations in adjudicating such cases. This research is a field study employing a juridical-empirical approach, using interviews and analysis of court decisions as data collection methods. Interviews were conducted with judges and court clerks of the Sleman Religious Court, as well as fifteen wives who filed divorce lawsuits selected randomly. The study is also supported by three court decisions, namely Decision Number 1670/Pdt.G/2025/PA.Smn., Decision Number 211/Pdt.G/2025/PA.Smn., and Decision Number 1184/Pdt.G/2023/PA.Smn. The collected data were analyzed using theories of legal awareness and legal interpretation to examine the extent to which legal awareness is reflected in divorce lawsuits based on violations of taklik talak, as well as to analyze how judges respond to, interpret, and justify societal legal attitudes through their legal reasoning. The findings show that, first, although the substantive clauses of taklik talak have been accommodated within statutory grounds for divorce, taklik talak continues to be recited by husbands and subsequently used by wives as a legal basis for filing divorce lawsuits. Second, the most frequently alleged violations include the husband leaving the wife for two consecutive years, failure to provide maintenance for approximately three months, neglecting or disregarding the wife for about six months, as well as acts of physical abuse. The findings further indicate that the use of taklik talak as a ground for divorce is closely related to wives’ legal awareness of their rights. In deciding such cases, judges do not rely solely on the formal fulfillment of the elements of taklik talak violations, but also consider the facts revealed in court, the condition of the marital relationship, the strength of the evidence, and principles of justice.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
NIM.: 23203012058 Qowwim Arfi’atus Salisa
PRAKTIK CERAI GUGAT DENGAN ALASAN PELANGGARAN TAKLIK TALAK: STUDI DI PENGADILAN AGAMA SLEMAN (Text)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)