Kasus Perceraian Pegawai Negeri Sipil (PNS) di Pengadilan Agama Sleman (Studi PP No. 10 Tahun 1983 Jo No. 45 Tahun 1990) Perspektif Hukum Islam

Abstract

The divorce breaking the marriage relationship might occur in each marriage including for the Civil Servant (PNS). The civil servant with a high level of education also can have a conflict and decide to get divorce as a way out. For the Civil Servant, there is a special regulation on marriage and divorce that is Government Regulation No.10 of 1983 jo No. 45 of 1990 they must obey. This is a regulation that will give the color in the divorce of Civil Servant in all Religion Court in Indonesia including the one in Sleman. From the background, a question emerges that later becomes the problem formulation in this research that is what was the factor of divorce among Civil Servants in Religion Court of Sleman in 2015? How is the implementation of Government Regulation No. 10 of 1983 jo No.45 of 1990 in Religion Court of Sleman? How is the consideration of judge in Religion Court of Sleman in making decision in divorce case among the Civil Servant that had no license for a divorce? The data sources in this thesis included documentation of divorce case of Civil Servant in 2015, the result of interview with the Judges and clerks of court in the Religion Court of Sleman and by means of the empirical normative approach. It was then followed by documentation, observation and interview. Later on, this was analyzed using the phenomenological method with the Model of qualitative research. The study of this research was limited to the divorce among Civil Servant in 2015, aimed to enable to dig the depth of subjective reality of the Civil Servant of the Civil Servant as the actor of divorce. The result of this research showed that there were three factors of divorce among Civil Servants in Religion Court of Sleman including (1) no responsibility; (2) the existence of the third person and (3) no harmony. The implementation of Government Regulation No. 10 of 1983 jo No.45 of 1990 in Religion Court of Sleman has been applied well and properly. The consideration of the Judge in deciding the case of divorce among Civil Servant that had no license to that the parties involved have made the statement that have intentionally broken the Government Regulation No. 10 of 1980 jo No.45 of 1990 and willing to take all risks.