Analisis Putusan Tentang Perkara Cerai Gugat Dalam Hal Tergugat Terpidana 5 Tahun 4 Bulan Penjara (Studi Kasus Putusan Nomor 0441/PDT.G/2018/PA.TBK)

Desmaetha, Desmaetha (2022) Analisis Putusan Tentang Perkara Cerai Gugat Dalam Hal Tergugat Terpidana 5 Tahun 4 Bulan Penjara (Studi Kasus Putusan Nomor 0441/PDT.G/2018/PA.TBK). Other thesis, Universitas Islam Riau.

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Abstract

In the case of divorce there should be reasons for strengthening the suit/application, the grounds for divorce are clearly set up inside the khi, and the 1989 act number 7 on religious justice, as well as other regulations. In general in Islam there are 4 mazhab, where 4 mazhab have different opinions on divorce on the grounds that husbands are imprisoned. Some of the mahab allowed khulu '(divorces) and others forbade croaking. The research problem is, how is the legal arrangement in the case of a lawsuit pending a 5 year 4 month prison sentence, and what is the legal basis for the religious court judge at the site of the carotene court the case against which a 5 year 4 month prison was convicted. Research methods are a combination of normative and empirical law, which is a study that USES both documentary and factual views in the field, obtained through interview and behavior through direct observation. Object in this study is matter document number 0441/Pdt.G/2018/pa.tbk. Hair, and the subject in this study was the chief justice of the religious court. Its nature is descriptive. Research has shown that the legal arrangement in divorce refers to the 1974 act number 1 on marriage, the 1975 government rule number 9 on the 1974 act of marriage law, the 1989 law on religious justice that has been amended and refined by the no. 3 act of 2006 and a second revision the 2009 number 50 act of religious justice and khi. And khulu 'or divorces, according to 4 mazhab, shashafi priest, priest maliki, priest hambali, and hanafi priest disagree on the basis of the husband's imprisonment. Priest maliki and priest hambali allowed wives not to suffer. While the priest of shafi and hanafi priest forbade khulu 'in the cause of husband's imprisonment. These 4 priests authorized khulu 'on grounds of blemish or disgrace, not giving birth and inner birth. And the deliberations of the lower courthouse of the courthouse of karimmunes in deciding this matter refer to the terms of the law and the regulatory rules of the assembly that apply the plaintiff's reasons are legally valid, as well as the judge's suspicion.

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