Tinjauan Kedudukan Alat Bukti Dalam Perkara Perceraian (Studi Putusan Nomor 0645/Pdt.G/2018/PA.Pbr)

Maisaroh, Siti (2019) Tinjauan Kedudukan Alat Bukti Dalam Perkara Perceraian (Studi Putusan Nomor 0645/Pdt.G/2018/PA.Pbr). Other thesis, Universitas Islam Riau.

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Abstract

Divorce in a marriage bond can occur, the reasons vary greatly such as the occurrence of prolonged arguments or disputes, one party has a bad habit that is difficult to cure such as gambling, what physical abuse occurs when a fight occurs, so that the household is not harmony and happiness can be maintained. In the Case Number claim. 0645 / PDT.G / 2018 / PA.PBR households between the Petitioner and the Respondent have no longer been in harmony because the Respondent is no longer a virgin, so the applicant leaves the respondent. There are 2 (two) main problems in this research, namely: How is the Position of Evidence in Decision Number 0645 / PDT.G / 2018 / PA.PBR and How is the Arrangement of Evidence in Decision Number 0645 / PDT.G / 2018 / PA.PBR Based on Procedure for Religious Courts. This research method in terms of its type, this research is classified into normative legal research with a form of document study (decision study) that is by studying the case file Number 0645 / PDT.G / 2018 / PA.PBR. while seen from its nature this research is deductive. Based on the results of the study the author concerning the position of evidence in the decision divorce case Number 0645 / PDT.G / 2018 / PA.PBR. Where is the main position of evidence in this case, namely proof of evidence and witness evidence. But in the case files that the author examines, with the above position of evidence, the Petitioner is very lacking in terms of proving a divorce divorce application, due to the proof system carried out by the Applicant by showing a copy of Marriage Certificate Number 0174/070 / III / 2018 as proof and presenting two witnesses in court as evidence of witnesses, in which the witness's statement which was the main reason for his claim was that the Respondent was no longer a virgin, this was irrelevant to the provisions of being a witness. Arrangement of Evidence Tools in Case Number 0645 / PDT.G / 2018 / PA.PBR. Majlis Hakim concludes from the reason for filing an application for divorce by the Petitioners against the Respondent in the divorce case because the defendant has a strong character which causes frequent disputes in accordance with Article 76 paragraph (1) of Law Number 7 of 1989. Next Majlis Hakim has tried to reconcile in accordance with Article 82 paragraph (1), (2) and (4) of Law Number 7 of 1989 concerning the Religious Courts, but was unsuccessful. So the arrangement used is not in accordance with the main reason for the claim filed by the Applicant. Therefore the authors concluded that the incompatibility between theory and practice.

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