PROFESIONALITAS HAKIM PEREMPUAN TERHADAP PUTUSAN PERKARA HAK-HAK PEREMPUAN DAN ANAK DI PENGADILAN AGAMA YOGYAKARTA

Muhammad Khusaini, S.H., NIM.: 20203011050 (2022) PROFESIONALITAS HAKIM PEREMPUAN TERHADAP PUTUSAN PERKARA HAK-HAK PEREMPUAN DAN ANAK DI PENGADILAN AGAMA YOGYAKARTA. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

This research study is about the professionalism of female judges on the decisions of women's and children's rights cases at the Yogyakarta Religious Court. Talking about the Yogyakarta Religious Court, there is a significant difference in terms of female judges, in 2021 there will be female judges who occupy the position of Deputy Chair and have the most female judges compared to 4 (four) Religious Courts, under the reduction of the Yogyakarta Religious High Court. There are 10 (ten) female judges in the Yogyakarta Religious Court, 2 (two) female judges in the Sleman Religious Court, 1 (one) female judge in the Bantul Religious Court, 2 (two) female judges in the Wonosari Religious Court, and 3 female judges in the Wates Religious Court. (three) female judges. Article 32 of Law no. 4 of 2004 concerning Judicial Powers emphasizes that: "Judges must have integrity and a personality that is not blameworthy, honest, fair, professional and experienced in the field of law". It is clear that the judicial power or professional judges with respect to their duties, authorities and responsibilities already exist and are stipulated in the law. The main subject of this research study is how female judges provide the rights of women and children and how the professionalism of female judges' decisions in guaranteeing the rights of women and children. This type of research is field research, supported by library research. The nature of the research is descriptive analysis. While the approach used is normative empirical. Legal research conducted using data sources; primary data and secondary data. The data collection techniques used are interviews and documents. Furthermore, the technical analysis of the data used to analyze is collecting data (data collection), data interpretation and conclusion as well as using the theory of gender equality with the principles contained in PERMA No. 3 of 2017 as well as aspects of the Judicial Commission's decision. Based on the results of this study, it can be seen that the decision of female judges in granting the rights of women and children is in accordance with the principles contained in PERMA No. 3 of 2017 concerning Guidelines for Adjudicating Women's Cases Against the Law, namely: respect for human dignity, non-discrimination, gender equality, equality before the law, justice, benefits and legal certainty. And the professionalism of the decisions of women judges in guaranteeing the rights of women and children is also in accordance with the aspects of the decisions of the Judicial Commission, namely; procedural aspects of procedural law, material legal aspects, legal reasoning aspects, philosophical aspects and the imposition of sanctions, as well as aspects of professionalism.

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