SIKAP PREVENTIF HAKIM DALAM PEMENUHAN MUT’AH BAGI BEKAS ISTERI PADA PERMOHONAN CERAI TALAK DI PENGADILAN AGAMA KOTA YOGYAKARTA DAN PA. SLEMAN, DIY.

Datuk Mahmud, S.H., NIM.: 19203010102 (2023) SIKAP PREVENTIF HAKIM DALAM PEMENUHAN MUT’AH BAGI BEKAS ISTERI PADA PERMOHONAN CERAI TALAK DI PENGADILAN AGAMA KOTA YOGYAKARTA DAN PA. SLEMAN, DIY. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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	Text (SIKAP PREVENTIF HAKIM DALAM PEMENUHAN MUT’AH BAGI BEKAS ISTERI PADA PERMOHONAN CERAI TALAK DI PENGADILAN AGAMA KOTA YOGYAKARTA DAN PA. SLEMAN, DIY.) 19203010102_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf - Published Version Restricted to Registered users only Download (8MB) | Request a copy

Abstract

Mut'ah is the husband's obligation to the ex-wife as a consequence of the divorce application being decided. Fulfillment of mut'ah is carried out by judges in 2 ways, namely: 1. Fulfillment of mut'ah after the pledge of divorce, 2. Fulfillment of mut'ah before the pledge of divorce. The judge's concern in fulfilling mut'ah is if the wife has to carry out an execution attempt because the husband disobeys and is reluctant to fulfill the mut'ah which is of course detrimental to the wife, moreover the cost of the mut'ah obtained is less than the cost of the execution request that must be issued, so the judge's preventive efforts judges in the fulfillment of mut'ah is very necessary. There are differences in attitudes and opinions in the fulfillment of mut'ah that occur between judges, namely judges who choose the attitude and opinion of the fulfillment given before the pledge of divorce and the fulfillment that is carried out after the pledge of divorce. This difference in attitudes and opinions is the main attraction for the author to explore why judges have different attitudes and opinions regarding the fulfillment of mut'ah for ex-wives which is applied by PA judges. City of Yogyakarta and PA. Sleman DIY. The type of research conducted by the author is field research, with qualitative methods, the approach used by the author is a sociological empirical approach, the nature of this research is prescriptive, that is, the primary data source is obtained directly without intermediaries, namely by interviewing 10 informants from 5 judges. PA. Yogyakarta City and 5 informants from PA. Sleman which consisted of 4 judges and 1 clerk (Judges B, BS, M, MA, N, NER, SB, W, and Registrar of RNW), data were also obtained from interviews with PA judges. City of Yogyakarta and PA. Sleman, observation, documentary and literature studies as well as complementary methods for analyzing using Karl Mainheim's theory of the sociology of knowledge (knowledge). This research concludes that there are 2 factors that cause judges to differ in their opinion regarding fulfillment of mut'ah, namely: 1. Judges seeking fulfillment of mut'ah are paid before the pledge of divorce (majority). 2. Judges seeking the fulfillment of mut'ah paid after the pledge of divorce (minority). The reasons for the judges' different attitudes were due to religious understanding, gender thinking, and the obedience of the judges to the law. The most dominant reason for the judges choosing to fulfill mut'ah before the pledge of divorce was because of the judges' compliance with procedural law and KHI and based on Sema No. 1 of 2017 Meanwhile, the judge chose to fulfill mut'ah after the divorce pledge because of the tendency of fiqh to understand that without divorce, there is no mut'ah and for the sake of maintaining the benefit of the failure of the decision based on KHI, article 131 number 4. According to the author, the preventive measures taken the judge, both the fulfillment of mut'ah before and after the divorce pledge, are equally efforts made by the judge as a form of progress and proof of the judge's obedience to the law in order to protect the rights of women (ex-wives), so that the goal of law enforcement that reflects justice is achieved. benefits, and legal certainty.

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