REALISASI PERLINDUNGAN HAK NAFKAH ISTRI DALAM PUTUSAN PERCERAIAN: STUDI KASUS DI PENGADILAN AGAMA NGAWI

Wildan Sirojuddin, NIM.: 21203011061 (2024) REALISASI PERLINDUNGAN HAK NAFKAH ISTRI DALAM PUTUSAN PERCERAIAN: STUDI KASUS DI PENGADILAN AGAMA NGAWI. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Divorce in Indonesia increased in 2022. The divorce rate in Indonesia has increased by 15.31% compared to 2021. This also happened in the Ngawi Religious Court, with 2006 divorce decisions in 2022. From 2006, there were 457 talak divorce decisions of which 23 talak divorce decisions were accompanied by lawsuits for compensation in the form of divorced women’s rights, namely iddah, mut’ah, and madliyah. However, several talak divorce decisions at the Ngawi Religious Court do not provide proper rights to the wife. This is because the contents of the decision dictum are not by the wife's claim for compensation several decisions do not grant the wife's claim for compensation at all. Therefore, the author wants to examine the judge's efforts in ensuring the fulfillment of the wife's post-divorce maintenance rights in the talak divorce decision. This research is a type of empirical juridical research. This research emphasizes the study of legal practice at the Ngawi Religious Court in the form of decisions. This legal practice is studied through the lens of legal norms using the theory of Judge's Discretion and Aristotle's Theory of Justice. The primary data from this research are Religious Court decisions consisting of 23 decisions, the results of interviews with Ngawi Religious Court Judges, and observations at the Ngawi Religious Court. The secondary data from this research is in the form of primary legal materials such as the 1974 Marriage Law, the Compilation of Islamic Law, and articles related to the research. This research presents several findings. First, the judges have a policy in determining the amount of Iddah, Mutah, and Madhiyah alimony. In general, the policy on the amount of alimony is based on the husband's financial capabilities, the wife's obedience, and the minimum lifestyle where the wife lives. Second, the judges made efforts to charge the post-divorce wife's maintenance in several forms, such as paying off the wife's post-divorce maintenance before the husband vowed divorce in front of the court as outlined in the dictum of the decision, and aborting the divorce when the husband is reluctant to pay off the wife's post-divorce maintenance within six months. Third, the efforts made by the judges are considered to reflect justice for women and men in terms of protecting the rights of divorced wives, and so that men do not neglect their obligations after divorce. So the efforts made by the judges are under the principle of justice put forward by Aristotle, namely "justice can be created when we obey the law because the law is created for the happiness of society"

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