Analisis Yuridis Putusan Pengadilan Agama Wonosari Tentang Perceraian Akibat Perjodohan Perkara Nomor 1383/pdt.g/2018/pa.wno
Abstract
The background of this research is the author's anxiety when reading the letter from
the Wonosari Religious Court regarding the decision of case Number
1383/Pdt.G/2018/PA.Wno which contained divorce cases caused by forced
marriages. From there the author is interested in further analyzing the decision of
the Wonosari Religious Court. The purpose of this research is to analyze the
decision of case Number 1383/Pdt.G/2018/PA.Wno and what is the basis for the
panel of judges' considerations of this case.
This study uses a qualitative research approach. Data collection is done by
observation, interviews and documentation. Data review, classification,
verification, analysis and reasoning techniques are used in data processing.
The results of the study show that in deciding cases of forced marriage as a reason
for divorced case Number 1383/Pdt.G/2018/PA.Wno the panel of judges uses legal
considerations that have been determined by law, namely using Article 39
paragraph (2) of the Law Law No.1 of 1974, and Article 19 letter (F), and Article
116 letter (F) Compilation of Islamic Law.
It is very clear that the most dangerous thing in forced marriage is to have domestic
violence (domestic violence). In the decision that the author of this analysis is, it
becomes one of the strong evidences of the dangers of forced marriage. Even though
maybe not all forced marriages end in divorced and there are also some harmonious
forced marriages, it would be nice for the parents or guardians of the marriage to
give children the freedom to choose partners.
Collections
- Islamic Law [996]
