Pelaksanaan Pasal 70 Undang-undang Nomor 7 Tahun 1989 Tentang Peradilan Agama (Studi Kasus Pengadilan Agama Pekanbaru)

Wulandari, Desy (2021) Pelaksanaan Pasal 70 Undang-undang Nomor 7 Tahun 1989 Tentang Peradilan Agama (Studi Kasus Pengadilan Agama Pekanbaru). Other thesis, Universitas Islam Riau.

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Abstract

Article 70 of Law Number 7 of 1989 basically regulates how the implementation of the divorce ,divorce mechanism in the religious court environment. Juridically, the Pekanbaru Religious Court has implemented it in accordance with the applicable rules but in its implementation it causes doubts about the sacred value of the divorce whether the divorce is considered valid under Islamic law or only valid in the eyes of state law because divorce is the authority of the religious court and the religious court is a judiciary. Islam, of course, every decision must be based on Islamic law. The main problem in this research is how the implementation of Article 70 of Law No. 7 of 1989 at the Pekanbaru Religious Court and how the judges consider the implementation of Article 70 of Law No. 7 of 1989. The research method used by researchers is the Normative-Empirical namely is research that uses secondary data (library research) which is then supported from primary data obtained directly from the field and the nature of this research is descriptive, while the data collection tool in this study is through interviews and documentation that pleases with the implementation of Article 70 of Law Number 7 of 1989 concerning the religious court case study of the Pekanbaru Religious Court. From the research conducted at the Pekanbau Religious Court, the divorce case took place where there was a divorce pledge authorized by the attorney, the divorce pledge was read out without the presence of the respondent (wife) and the divorce pledge was not attended by the applicant (husband) where the this has been regulated by law but not specifically so that it raises concerns whether it is legal or not when viewed based on Islamic law considering that the talak agreement is an obligation that must be carried out for it is principal so that the parties must come to fulfill their rights and obligations. The judge as an institution of judicial power in making a consideration must look at it from a broad point of view, if there is a matter for which there are no rules, both Islamic Shari'a rules and other written rules, then the judge can give arguments based on beliefs without any doubt.

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