CD Skripsi
Pertimbangan Hakim Dalam Putusan (Nomor: 1238/Pdt.G/2019/Pa.Pbr ) Tentang Alasan Perceraian Dikaitkan Dengan Peraturan Pemerintah Nomor 9 Tahun 1975 Tentang Pelaksanaan Undang- Undang Nomor 1 Tahun 1974 Tentang Perkawinan
ABSTRACT
Marriage is a bond or pledge between a man and a woman to live in
pairs on the basis of religious law, customs or laws . Strong perception that
marriage is something sacred and very human. Inherently what is built is a
shared commitment by both partners to maintain the shortcomings of each of
these parties . In a marriage it is possible that the name of divorce is caused by
many things. Some of them are disputes and quarrels.
The objectives in writing this thesis are: First , to find out the judge's
considerations in the Decision (Number: 1238/Pdt.G/2019/Pa.Pbr) regarding
the reasons for divorce associated with Government Regulation Number 9 of
1975 concerning the Implementation of Law Number 1 of 1974 about
marriage. Second, knowing the Legal Analysis of the proof of infidelity that
causes disputes and quarrels as the reason for divorce in the Decision
(No.:1238/Pdt.G/2019/Pa.Pbr) associated with Government Regulation No.
9/1975 on the Implementation of Law No. 1/1974. about marriage.
This research is a normative juridical research. Namely research
conducted on legal principles starting from certain areas of the legal system,
by means of prior identification of the legal rules that have been formulated in
certain legislation. In this study, the data sources used are secondary data with
primary, secondary and tertiary legal materials conducted by means of library
research.
From the results of the study, the causes of disputes and quarrels were
due to indications of infidelity from the Defendant, so according to the Judge
who decided the case the Plaintiff and Defendant had indeed not been able to
realize the purpose of marriage as stipulated in Article 1 of the 1974 Marriage
Law. This is a factor in the dispute is the wife's cheating who has another ideal
man outside of marriage. However, proving infidelity as a reason for divorce is
not easy if it is not supported by evidence. The laws in force in Indonesia,
especially the National Marriage Law, do not specifically regulate the types of
reasons for divorce. In PP No. 9 of 1975 there are still many shortcomings in
terms of reasons for divorce. It is time for these rules to be updated.
Keywords: Considerations-Judges-Divorce-Marriage
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