Darmawan, Afsya
(2019)
Tinjauan Yuridis Terhadap Putusan Ultra Petita Dalam Menentukan Hak Dan Kewajiban Para Pihak Setelah Perceraian (Studi Kasus Putusan Pengadilan Agama Pekanbaru Nomor 1360/PDT.G/2015/PA.PBR).
Other thesis, Universitas Islam Riau.
Abstract
The verdict or decision of a judge who has permanent legal force (Inkracht) is a decision which, according to the provisions of the Law, no more opportunity for the losing party to use ordinary legal remedies to oppose the decision. Therefore, the judge is required to give a decision or a basis for both formal and material law based on Pancasila by interpreting the law and looking for the legal basis and principles that form the basis for the cases handled, so as to create a decision that reflects a sense justice for the nation and people of Indonesia. In this study there are main problems: Relating to what is the legal basis of the issuance of ultra petita decisions about the rights and obligations of the parties after divorce by the Pekanbaru Religious Court Number: 1360/Pdt.G/2015/PA.Pbr and What are the judges' considerations in decide on the ultra petita regarding the rights and obligations of the parties after the divorce in case Number: 1360/Pdt.G/2015/PA.Pbr. The type of research used is normative legal research. While the nature of this study is descriptive, because the authors intend to provide a clear and detailed description of the problems that are the subject of the study. Regarding data analysis, case decision Number: 1360/Pdt.G/2015/PA.Pbr. which is the primary legal material, then carefully studied based on the identification of problems presented in a descriptive set ix in a clear and detailed sentence. Then in the end the authors draw the conclusions of this study inductively. From the research results, it was obtained that. First, the Legal Basis of the Ultra Petita Decision Regarding the Rights and Obligations of the Parties After Divorce By Pekanbaru Religious Court Number: 1360/ Pdt.G/2015/PA.Pbr is a provision contained in Article 93 Paragraph 2 of the Compilation of Islamic Law which reads; "Accountability for debts carried out for the benefit of the family is borne by the joint property". Second, the Judge's Considerations in Deciding the Ultra Map of the Party About the Rights and Obligations of the Parties After Divorce in Case Number: 1360 / Pdt.G / 2015 / PA.Pbr based on article 93 paragraph 2 the compilation of Islamic law makes the judge in his judgment consider that if the assets obtained during a marriage are halved, the debt incurred during a marriage will be halved in the event of a divorce.
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