PERSELISIHAN DAN PERTENGKARAN SEBAGAI ALASAN PERMOHONAN PERCERAIAN (STUDI KASUS PENGADILAN AGAMA SLEMAN YOGYAKARTA 2020)

SHAFRIYANA MAWARNI NURJANNAH, S.H., NIM. 18203010096 (2021) PERSELISIHAN DAN PERTENGKARAN SEBAGAI ALASAN PERMOHONAN PERCERAIAN (STUDI KASUS PENGADILAN AGAMA SLEMAN YOGYAKARTA 2020). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In 2020 the Religious Court of Sleman Yogyakarta still ranked first in the highest number of divorce cases in D. I. Yogyakarta, which reached 2,105 cases in one year. Similar to other Religious Courts in Indonesia, the Yogyakarta Sleman Religious Court also has several classifications of causes of divorce, including: adultery, drunkenness, madat, leaving one party, sentenced to prison, polygamy, domestic violence, disability, disputes and quarrels, forced marriages, apostasy, and economics. Some of the classifications of the causes of divorce in marriage in general will cause prolonged disputes in the household, as well as being the reason for filing the most dominant divorce application in 2020 with a total of 1,319 cases. The assessment of the existence of continuous disputes and quarrels tends to be subjective according to the judge's belief. The judge of the court in this case must obtain clarity about the causes of the disputes and quarrels that occur continuously. The problems in this thesis are: why did the judge grant the request for divorce on the grounds of disputes and quarrels and how the judge's legal considerations for disputes and quarrels as the basis for divorce. The thesis with the title Disputes and Quarrels as Reasons for a Divorce Application (Case Study of the Yogyakarta Sleman Religious Court in 2020) is a field research with an empirical juridical research approach, which is then classified as analytical descriptive research using Satjipto Raharjo's progressive legal theory. The research results obtained are: 1) There are several factors that cause the Judge to grant a divorce application on the grounds of disputes and disputes, including: (a) There is no harmony, (b) No responsibility, (c) Interference from other parties, and (d) Moral or moral crisis. 2) Judges' considerations in making decisions can be seen that based on various reasons and existing facts, the Panel of Judges often uses Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage (UUP) which is further explained in Article 19 letter (f) Government Regulation Number 9 of 1975 concerning the Implementation of the UUP and Article 116 of the Compilation of Islamic Law, although the various reasons underlying the filing of the divorce suit have been stated.

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