PERTIMBANGAN HAKIM TENTANG PUTUSAN CERAI TALAK ISTRI HAMIL (STUDI KASUS PUTUSAN NO : 412/Pdt.G/2021/PA.Pdg)

Authors

  • Anissa Bung Hatta University
  • Adri Bung Hatta University

Keywords:

Consideration, decision, divorce talaq

Abstract

The purpose of this study was to determine the judge's considerations as well as the obstacles and efforts in implementing the judge's decision no. 412/Pdt.G/2021/PA.Pdg. Main Problems: 1). What is the consideration of the Padang Religious Court Judge regarding the divorce of a pregnant wife (Case Study Decision No. 412/Pdt.G/2021/PA.Pdg) 2). What are the obstacles and efforts to resolve the implementation of the judge's decision on divorce for pregnant wife (Case Study Decision No. 412/Pdt.G/2021/PA.Padang). The exploratory strategy used in this examination is qualitative research. The results showed that, 1). The opinion of the Religious Court judges regarding the divorce of pregnant husband and wife is that the pregnant wife is not an obstacle for the panel of judges to analyze the case given the fact that basically Islamic rules and regulations are positive. allow a husband to separate from his partner while pregnant. The court's strict authority to analyze this case is based on the actual family situation, assuming the purpose behind the separation is in accordance with KHI, the judge will examine the case. 2). In ending his case, the Padang Religious Court judge used considerations of 3 components of a halal goal, in particular equity by considering the loss of the family situation itself, halal distribution and profits that are not against the law. There are no obstacles in implementing this decision, thank God, because the judge decided before the Petitioner made the pledge, the Petitioner must carry out the judge's decision by giving his wife and children the rights.

References

Buku

Ahmad Zahro, 2014, Fiqih Kontemporer

(Menjawab 111 Masalah), Unipdu Press, Jombang

Prof. Dr. Yaswirman, 2011, Hukum Keluarga

(Karakteristik dan Prospek Doktrin Islam dan Adat Dalam Masyarakat Matrilineal Minangkabau), PT. Rajagrafindo Persada, Jakarta

Peraturan Perundang-Undangan

Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan

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Published

2022-03-11