CERAI GUGAT DISEBABKAN KEKERASAAN DALAM RUMAH TANGGA
( STUDI PUTUSAN NOMOR 5425/Pdt.G/2019/PA.Sby)
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Institusion
Universitas Bhayangkara Surabaya
Author
SURYANI, LISA RAHMA
Subject
Datestamp
2023-03-16 03:48:59
Abstract :
Divorce is a lawsuit from the wife that is submitted to the Religious Court. This study aims to identify and analyze the causes of the treatment/acts of domestic violence and the consideration of the Panel of Judges regarding the rights of the wife after divorce in the decision of case no. 5425/Pdt.G/2019/PA.Sby. The research uses normative legal methods which study and research from the literature and provide an overview of qualitative analysis and produce descriptive data. Based on the explanation above, it can be concluded that basically domestic violence can occur due to internal and external encouragement. In this case, the judge has not been fair enough even though the judge has given a decision in accordance with applicable law. However, with ex offico rights, the judge can give or add to the wife's rights after the divorce, such as iddah living in a divorce case as long as the wife is proven not to have committed nusyuz.
Divorce is a lawsuit from the wife that is submitted to the Religious Court. This study aims to identify and analyze the causes of the treatment/acts of domestic violence and the consideration of the Panel of Judges regarding the rights of the wife after divorce in the decision of case no. 5425/Pdt.G/2019/PA.Sby. The research uses normative legal methods which study and research from the literature and provide an overview of qualitative analysis and produce descriptive data. Based on the explanation above, it can be concluded that basically domestic violence can occur due to internal and external encouragement. In this case, the judge has not been fair enough even though the judge has given a decision in accordance with applicable law. However, with ex offico rights, the judge can give or add to the wife's rights after the divorce, such as iddah living in a divorce case as long as the wife is proven not to have committed nusyuz.
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