ANALISIS YURIDIS PERTIMBANGAN HAKIM PUTUSAN NO.1055/Pdt.G/2021/PA.Kbm DALAM PENOLAKAN GUGATAN REKONVENSI

  • Novita Pratama Sari IAINU Kebumen
  • Abdul Waid
  • Muhammad Achid Nurseha
Keywords: Talak Divorce, Reconvention Lawsuit, Judge's Legal Considerations in the Decision of the Kebumen Religious Court

Abstract

Divorce is something that is permissible in religion but is hated by Allah SWT. This also happened in divorce cases registered in the divorce case register at the Kebumen Religious Court with register number No.1055/Pdt.G/2021/PA.Kbm. which became a factor causing the divorce due to the jealous nature of the Defendant and the Defendant were considered nuzuz because they left the house to live together, however, in the Respondent's answer, it was denied and the Respondent requested a Reconvention lawsuit to ask for their rights, both living expenses, land certificates, mortgaged cars and also the respondent's motorcycle. The research objectives are: (1) To find out the basis for the judge's legal considerations in deciding the counterclaim in decision No.1055/Pdt.G/2021/PA.Kbm ? (2) To provide knowledge related to how the judge's legal considerations in rejecting the Counterclaim in decision No.1055/Pdt.G/2021/PA. Kbm from the perspective of Civil Procedure Law? This study uses the Normative Juridical law research method, with a doctrinal legal approach conceptualized in legislation as a basis for solving problems. From the results of this study it can be seen that the legal considerations of judges in deciding divorce cases on the grounds of disputes and also related to requests for alimony and goods chosen by the Respondent/Reconvention Plaintiffs which in the trial and legal considerations of decisions were partially rejected by the panel of judges based on counterclaims what is unclear is based on documents and copies of decisions as well as legal considerations listed and contained in the rulings of the Kebumen Religious Court.

Published
2023-12-13
How to Cite
Sari, N., Waid, A., & Nurseha, M. (2023). ANALISIS YURIDIS PERTIMBANGAN HAKIM PUTUSAN NO.1055/Pdt.G/2021/PA.Kbm DALAM PENOLAKAN GUGATAN REKONVENSI. KAWRUH: Jurnal Kajian Syariah, Ushuluddin, Dan Dakwah, 1(1), 49-63. Retrieved from https://ejournal.iainu-kebumen.ac.id/index.php/KAWRUH/article/view/1818
Section
Articles