Pengingkaran Sighat Taklik Talak Dalam Kasus Perceraian (Studi Perkara Nomor 0262/PDT.G/2016/PA.PBR)

Ginanjar, Nisa Ari (2019) Pengingkaran Sighat Taklik Talak Dalam Kasus Perceraian (Studi Perkara Nomor 0262/PDT.G/2016/PA.PBR). Other thesis, Universitas Islam Riau.

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Abstract

Divorce can occur due to reasons of violation of Taklik Talak, like leaving your wife for 2 consecutive years, no support, hurt the body or wife's body, leave it or not care for the wife. In the case lawsuit No. 0262 / PDT.G / 2016 / PA.Pbr households between the plaintiff and the defendant walked harmoniously and peacefully. Until 2012, the defendant went to deliver a PON athlete to Taluk Kuantan, but after his departure the defendant never returned and was absent communication again. Based on the background of the problem, the authors formulate the problem as follows, what are the causes of denial of sighat taklik talak in case of divorce case No. 0262 / PDT.G / 2016 / PA.Pbr and how considerations used by the Panel of Judges in deciding the denial sighat taklik talak in divorce case No. 0262 / PDT.G / 2016 / PA.Pbr. This research method is reviewed from its type, this research belongs to in combined normative and empirical research with document study forms (case study), namely by studying the Case files 0262 / PDT.G / 2016 / PA.Pbr. and look for facts in the field. While from the nature of this research including descriptive nature. The results of the study show that the causes of denial of sighat taklik talak in case Number 0262 / PDT.G / 2016 / PA.Pbr because of the affair or other dream women in life defendant. So for this reason, the defendant left the plaintiff without communication and the existence of the defendant is not known. Based on legal provisions and legal regulations apply, and pay attention to the witnesses' evidence and information Judge considerations used in deciding Number cases 0262 / Pdt.G / 2016 / PA.Pbr with the decision of verstek. The absence of the defendant at the court even though it has been called appropriately, the defendant also did not send other people as the proxy and absence of the defendant for no reason legally justified by law so that checks are carried out without presence of defendants or verstek. So that the plaintiff's claim is appropriate to be granted. Although the decision is appropriate but under consideration the judge used was considered inaccurate. Verstek decision in Islamic law there are opinions that allow and do not allow.

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