CERAI GUGAT YANG DIPUTUS FASAKH (Studi Terhadap Putusan Nomor:0167/Pdt.G/2013/PA.CN)

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TitleCERAI GUGAT YANG DIPUTUS FASAKH (Studi Terhadap Putusan Nomor:0167/Pdt.G/2013/PA.CN)
Publication TypeThesis
Year of Publication2015
AuthorsPRAMESTI, ASTITIGALUH
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

The purpose of marriage is to create a happy family life in an sakinah
mawaddah wa rahmah atmosphere and permanent not for the benefit of a little ,
but sometimes appear the problems that end in divorce .One work any lawful in
hate by god is divorce , hence the law number 1 1974 to license and compilation
of laws islam containing the principle of difficult for divorce .Every controversy
divorce go to court must have divorce reasons such as one found in article 19 of
government no 9 1975 jo .Explanation to sec 39 law number 1 of 1974 and a
compilation of article 116 islamic law . In the religious court case cirebon number
0167 / Pdt.G / 2013 / PA.CN about fasakh because an apostate , the judge in
divorce would plead challenges did not warrant with what is requested by the
applicant and the considerations that were used not in accordance with evidence a
fact being revealed during the trial .As it would researchers interested to analyze
cases number 0167/Pdt.G/2013/PA.CN about divorce request that were found
with fasakh challenges .This research uses the method approach normative
juridical .
The research results obtained that the decisions number
0167/Pdt.G/2013/PA.CN about fasakh marriage because an apostate that is
supposed to cut demands divorced challenges is in accordance , in judicial
consideration the ruling not appropriate or in appropriate because the judges are
not be able to distinguish between broken marriage because fasakh and divorce .In
addition , consideration a law used by religious court judge cirebon also not in
accordance with evidence and the facts revealed during the trial .So that the award
number 0167/Pdt.G/2013/PA.CN not having conformity to the procedures for the
divorce that applies in the resolution of problems in the religious court . The
settlement should be implemented in accordance with the demands of the plaintiff
is divorced challenges by reason of continuous disputes caused an apostate
husband.

 

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