ANALISIS PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA CERAI GUGAT (STUDI PUTUSAN PENGADILAN AGAMA SLEMAN NOMOR 1093/PDT.G/2020/PA.SMN)

Muhammad Rosyid, NIM.: 20103050090 (2024) ANALISIS PERTIMBANGAN HAKIM DALAM MEMUTUSKAN PERKARA CERAI GUGAT (STUDI PUTUSAN PENGADILAN AGAMA SLEMAN NOMOR 1093/PDT.G/2020/PA.SMN). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Marriage is a sacred bond between a man and a woman with the aim of forming a Sakinah Mawadah family and carrying out Islamic law. Marriage can also be disharmonious and can be severed through divorce. Divorce itself can be influenced by disputes and arguments between husband and wife. However, in the Sleman Religious Court Decision Number 1093/PDT.G/2020/PA.SMN, the author found that there were several factors causing divorce, namely: frequent quarrels, the plaintiff was not given maintenance, the defendant had an affair with another woman and the husband's parents often berated and intervened. Through this type of field research and using analytical descriptive analysis techniques, the author aims to find out how the judge's consideration in giving his consideration to the problem. The research also uses Hans Kelsen's Pure Law theory with the aim of analyzing Sleman Religious Court Decision Number 1093/PDT.G/2020/PA.SMN through a Pure Law perspective. The results of the research on Sleman Religious Court Decision Number 1093/PDT.G/2020/PA.SMN show that the judge's consideration in the decision to file for divorce is based on household disharmony, which is reflected in frequent disputes that cannot be resolved, inability to provide maintenance, evidence of infidelity, and pressure from third parties. The judge decided to divorce because there was no hope of repairing the household, in accordance with the provisions in Government Regulation Number 9 of 1975 and the Compilation of Islamic Law. And in Hans Kelsen's Pure Law theory, the judge's decision is seen as the application of a structured and objective system of norms, without being influenced by personal moral or religious values. Judges rely on higher norms such as the 1945 Constitution, as well as lower norms in the Marriage Law and KHI, to determine a valid and just decision. Thus, the judge's decision reflects the principles of objectivity and legal neutrality upheld in Kelsen's theory, where the law is applied without external influence, resulting in uniformity and legal certainty.

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