ANALISIS FAKTOR PERCERAIAN KARENA ORANG KETIGA (STUDI PERKARA NOMOR: 0926/Pdt.G/2016/PA.Mlg.)
| Main Author: | Poetra, Muhamad Akbar |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2018
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| Subjects: | |
| Online Access: |
http://eprints.umm.ac.id/42062/1/PENDAHULUAN.pdf http://eprints.umm.ac.id/42062/2/BAB%20I.pdf http://eprints.umm.ac.id/42062/3/BAB%20II.pdf http://eprints.umm.ac.id/42062/4/BAB%20III.pdf http://eprints.umm.ac.id/42062/5/BAB%20IV.pdf http://eprints.umm.ac.id/42062/6/LAMPIRAN.pdf http://eprints.umm.ac.id/42062/ |
Daftar Isi:
- Islam is a religion of rahmatan lilalamin. Islam has rules about marriage, in order the purpose of the marriage can realize a prosperous family (mawaddah warahmah) can be achieved. the method in this research is deskriptive qualitatative. Reviewing the jurispredunce of court decision No. 0926 / Pdt.G / 2016 / PA.Mlg. there are three step of data processing is data collection, data reduction, display Data and conclusion. The results of this research is include judge consideration in deciding the divorce caused by the third person in the decision Number 0926 / Pdt.G / 2016 / PA.Mlg. Legal considerations include: philosophical considerations, juridical considerations and Non juridical considerations that include psychological, sociological and ethical aspects. therefore, the principal consideration of the judge refers to syiqaq and in the marriage law No. 1 of 1974 and to Article 19 letter (f) of Government Regulation No. 9/1975 jo, and also described in Article 116 letter (f) KHI. as the main reason for divorce which is used as legal consideration by the judge in deciding the divorce. After the panel of judges looking for and finds the legal facts in the hearing, then makes a decision of the case. Second, the content of the Religious Court's decision on divorce cases caused by a third person in the case number 0926 / Pdt.G / 2016 / PA.Mlg. The judges of the Religious Courts of Malang based on judges' considerations through analysis of philosophical considerations, juridical considerations and non juridical considerations (meta juridical) include psychological, sociological and ethical aspects, the emergence of syiqaq caused by the Defendant as a legal wife to have an affair with another man resulting in a split in the Plaintiff's and Defendant's marriage.