LONG DISTANCE MARRIAGE SEBAGAI ALASAN PERCERAIAN (STUDI PUTUSAN PENGADILAN AGAMA YOGYAKARTA TAHUN 2021)

Tiara Juliani, NIM.: 18103040028 (2022) LONG DISTANCE MARRIAGE SEBAGAI ALASAN PERCERAIAN (STUDI PUTUSAN PENGADILAN AGAMA YOGYAKARTA TAHUN 2021). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Yogyakarta Religious Court, examined and decided divorce cases due to Long Distance Marriage (LDM). This is interesting to study because Long Distance Marriage is not clearly regulated in the legislation as a reason for divorce. Most of the argument of bickering and disagreements to dicide the case, even though apart from the divorce dispute, it occurred because of long d istance relationship, lack of communication and lack fulfillment of biological needs. As a result, one of them felt that he was no longer able to maintain his household, so he decided to file for divorce. In this study, the author examines several dicisions in 2021 at the Yogyakarta Religious Court to see the considerations and legal basis of judges making Long Distance Marriage the reason for divorce. The research method used is descriptive-anality, which is based on the approach to legislation and the result of interview. The legislation approach in intended to study whether it is in accordance with the applicable laws and regulations. Meanwhile, the interview method will be used to obtain information regarding the legal basis and the judge,s considerations in deciding the case of Long Distance Marriage as the reason for divorce. The theory used in research is the theory of legal discovery and the theory legal certainty. The data collection technique was carried out by collecting primary legal materials, secondary legal materials, tertiary legal materials and strengthened by the results of interviews with judges at the Yogyakarta Religious Court. The result of this study conclude that: First, the settlement of divorce cases due to Long Distance Marriage (LDM) by way of the Judge e the reasons for Long Distance Marriage (LDM) as the cause of continuous disputes and quarrels, Long Distance Marriage (LDM) is only a secondary or reinforcing reason, not the main reason for divorce. Second, the judge has a legal basis to decide the case in accordance with the provisions of Article 19 latter f, PP. Number 9 of 1975 jo. Article 116 letter f KHI, namely between husband and wife there are continuous disputes and quarrels and there is no hope for living in harmony again in the household. This was done by the Judge, considering that Long Distance Marriage (LDM) is not included in the reasons for divorce as determined by positive law.

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