ANALISIS PERTIMBANGAN HAKIM DALAM PUTUSAN NOMOR 2595/Pdt.G/2021/PA.Kbm TERHADAP PERCERAIAN DENGAN ALASAN PERSELISIHAN DALAM RUMAH TANGGA DI PENGADILAN AGAMA KEBUMEN

Abstract

Divorce is an event that cannot be avoided by every husband and wife, both those who have been married for a long time and recently married, in the case experienced by the plaintiff and the defendant in the decision Number: 2595/Pdt.G/2021/PA.Kbm, he causative factor was because the defendant was lacking in providing a living and the plaintiff had nusyuz and had another man who include defendant’s superior. The research objectives are: To find out the basis of judges: (1) Considerations in household disputes at the kebumen Religious Court? (2) What is the view of islamic law on living for a nuzyus wife. This study uses a normative legal research method, with a doctrinal legal approach that is conceptualized in legislation and comparative. The results of the study show that the validity of the dispute to be used as a reason for divorce which has been regulated in article 19 letter (f) PP No. 9 year 1975. Based on the results of this study, it can be seen that the judge’s consideration in divorce on the grounds of dispute is in accordance with the applicable legal basis. This thesis also suggests that the judge resolves the case of a dispute that causes divorce based on a copy of the decision document with the reasons stated in the decision, basides that the attitude of the judge in considering this decision with juridical considerations.