KEMASLAHATAN DALAM PUTUSAN PERKARA CERAI TALAK AKIBAT ISTRI MENGALAMI GANGGUAN KEJIWAAN (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 646/Pdt.G/2020/PA.Btl)

Ahmad Rezal, NIM.: 20103050015 (2024) KEMASLAHATAN DALAM PUTUSAN PERKARA CERAI TALAK AKIBAT ISTRI MENGALAMI GANGGUAN KEJIWAAN (STUDI PUTUSAN PENGADILAN AGAMA BANTUL NOMOR 646/Pdt.G/2020/PA.Btl). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The case in the Decision of the Bantul Religious Court Number 646/Pdt.G/2020/PA. Btl, the applicant filed a talaq application on the grounds that his wife (the respondent) could no longer carry out her obligations because she had a mental disorder and baby blues since 2016. Thus, the applicant bases his argument on the respondent's psychiatric condition. However, the evidence carried out by the applicant is only based on witness statements and letter evidence. In addition to the issue of proof, the judge in granting the applicant's application also ruled out the husband's obligation to take care of his sick wife. According to the provisions in the Compilation of Islamic Law Article 77 paragraph 2, the husband should show patience and support, treat his wife well and with respect and show empathy to maintain the integrity of the household. The type of research used is normative legal research, where the focus of the study involves norms, regulations, legal principles, legal principles, legal doctrines, legal theories, and literature references as an effort to answer the main problems in this research. The data analysis method used is descriptive analysis using the Bantul Religious Court Decision number 646/Pdt/2020/PA.Btl as primary data and interviews as secondary data. The results of this study show; first, the decision of case number 646/Pdt.G/2020/PA. Btl is considered to be less proven because it only considers witness evidence and the applicant's statement without any authentic evidence that proves directly to the respondent. The author argues that, although civil and criminal systems of proof are different, judges should emphasize the importance of authentic evidence, such as a letter from a psychiatrist, especially in psychiatric cases. The statement of the chairman of the panel of judges at the Bantul Religious Court supports this view, emphasizing that the doctor's testimony is the main evidence in a disease case. This ruling is also considered inconsistent with the theoretical principle of Positief wettelijk bewijstheorie, which states that judges can make decisions based on evidence without requiring personal convictions to avoid subjectivity. Second, the decision of the Bantul Religious Court on registration number 646/Pdt.G/2020/PA. Btl, if categorized in the perspective of Maqâshid Ash- Syarîah, is classified as the benefit of dharuriyyat, namely maintaining property (Hifdz Al-Maal), maintaining the soul (Hifdz An-Nafs), and the benefit of hajiyyat, namely, maintaining reason (Hifdz Al-Aql).

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