Mukhsin, Mukhsin (2025) Klausula Eksemsi pada Perjanjian Baku dalam Pengajuan Cerai Talak (Studi pada Wilayah Pengadilan Agama Tanjung Pinang dan Pengadilan Agama Kota Banjar). Masters thesis, Universitas Islam Riau.

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Abstract

Disputes and conflicts in the household can cause quarrels and lead to divorce. However, divorce is allowed if the husband and wife have tried to make peace and no longer produce goodness, then divorce is considered to contain benefits. Based on the description, the background of this study is the existence of a new SEMA which in an effort to maintain a marriage on the grounds of divorce and continuous quarrels must have been separated for at least 6 months. The main problem raised in this thesis is How to Apply the Exemption Clause in Filing Divorce Cases at the Tanjung Pinang Religious Court and the Banjar City Religious Court and What is the Position of the Exemption Clause after the Circular of the Supreme Court Number 3 of 2023 Concerning the Enforcement of the Results of the Plenary Meeting of the Supreme Court Chamber in 2023 as a Demonstration of the Implementation of Duties for the Court in Divorce Cases at the Tanjung Pinang Religious Court and the Banjar City Religious Court The research method used in this study is empirical legal research. The author's approach is empirical legal research, which is legal research conducted by examining legal facts in society. Empirical legal research is conducted on laws and regulations regarding divorce and talaq within the religious courts. The writing is descriptive in nature, aiming to provide the most accurate data possible. The aim is to clarify hypotheses, thus helping to strengthen existing theories or within the framework of developing new theories. In 5 divorce cases in Tanjung Pinang Religious Court and 1 case in Banjar City Court, the judge's mediation efforts succeeded in reconciling the parties, especially the husband who was the plaintiff and on the basis of these considerations the judge accepted the request for withdrawal of the divorce case. In addition, all of these efforts are part of the SEMA regulation Number 3 of 2023 concerning the formulation of religious chamber law in marriage law, stating that in divorce cases there is a grace period that must be considered by the judge before issuing a decision and if within that period no peace is found, the judge can process the divorce case and basically In SEMA Number 3 of 2023 concerning the formulation of religious chamber law in marriage law, it states that in an effort to maintain a marriage and fulfill the principle of making divorce difficult, divorce cases on the grounds that the husband/wife does not fulfill the obligation of physical and/or spiritual support, can only be granted if it is proven that the husband/wife does not fulfill his/her obligations or there is violence, either physical or non-physical, whether it has not yet reached 6 months or 12 (twelve) months according to the SEMA Regulation.

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