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ANALISIS PERTIMBANGAN HAKIM DALAM MENENTUKAN ALASAN PERCERAIAN TERHADAP TUDUHAN DEVIASI SEKSUAL DALAM PUTUSAN PENGADILAN AGAMA WONOSARI NOMOR 100/PDT.G/2024/PA.WNO
Divorce is a form of conflict resolution that often occurs in domestic relationships for various reasons, including accusations of sexual deviation or sexual orientation disorders. In the Decision of the Wonosari Religious Court Number 100/Pdt.G/2024/PA. Wno, there were allegations of sexual deviation submitted as the basis for the divorce, but it was not supported by strong evidence that the defendant really committed the act. The defendant rejected the accusation and still wanted to improve his domestic relationship. However, the judge decided to divorce the case. This condition raises questions about how the judge considered the allegations and whether the consideration was in accordance with the principle Maslahah Mursalah and the theory of legal certainty. This study aims to analyze the judge's considerations in determining the reasons for divorce against allegations of sexual deviation in the decision of the Wonosari Religious Court number 100/Pdt.G/2024/PA. Wno. This study uses a qualitative research method conducted by library research using an empirical juridical approach. The data sources used include primary data obtained from direct interviews with the judge who decided the case and secondary data obtained from literature studies and decision analysis. This study also examines the judge's considerations according to the theory of maslahah mursalah and the theory of legal certainty. The results of the study show that in the perspective of maslahah mursalah, the judge's consideration is appropriate because it prioritizes the benefits by rejecting damages due to continuous disputes and quarrels and considering the factual conditions of the parties' households. This is in accordance with the rules of idhā ta‘āraḍat mafsadatān ru‘iya a‘ẓamuhumā ḍararan bi irtikāb akhaffihimā and daṟ'u al-mafāsiḏ muqaddamun 'alā jalbi al-maṣāliḥ, which is that preventing damage must be prioritized over taking advantage. However, from the perspective of legal certainty theory, the decision has not fully met the principle of legal certainty, especially in the evidentiary aspect. The weak evidence against the allegation of sexual deviation shows that the postulates are not legally proven, as stipulated in Article 163 of the HIR and Article 1865 of the Civil Code as well as the principle of actori incumbit probatio which explains that who postulates is obliged to prove.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PERTIMBANGAN HAKIM DALAM MENENTUKAN ALASAN PERCERAIAN TERHADAP TUDUHAN DEVIASI SEKSUAL DALAM PUTUSAN PENGADILAN AGAMA WONOSARI NOMOR 100/PDT.G/2024/PA.WNO (Text)
ANALISIS PERTIMBANGAN HAKIM DALAM MENENTUKAN ALASAN PERCERAIAN TERHADAP TUDUHAN DEVIASI SEKSUAL DALAM PUTUSAN PENGADILAN AGAMA WONOSARI NOMOR 100/PDT.G/2024/PA.WNO (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)