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PENENTUAN BESARAN NAFKAH MADHIYAH, NAFKAH IDDAH DAN MUT’AH DALAM PERKARA PERCERAIAN DI PENGADILAN AGAMA Ramdani, Riyan; Syafitri, Firda Nisa
ADLIYA: Jurnal Hukum dan Kemanusiaan Vol. 15 No. 1 (2021): ADLIYA : Jurnal Hukum dan Kemanusiaan
Publisher : Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/adliya.v15i1.11874

Abstract

In navigating the household ark, disharmony cannot be avoided, one of which is the result of neglecting rights and obligations that lead to the breakdown of the marriage. One of the consequences was the burden on the husband to pay for the madhiyah, iddah, and mut'ah livelihoods. The wife has the right to request payment of maintenance to the Religious Court if the husband does not fulfill his obligation to provide for his services. This study aims to discuss the legal basis and considerations of the panel of judges in determining the levels of the amount of madhiyah, iddah, and mut'ah. This study uses normative juridical research to examine statutory regulations related to determining the amount of madhiyah, iddah, and mut'ah. The results showed that First. The basis for determining the amount of income for the former husband is adjusted according to the ability of the husband as stated in Presidential Instruction No. 1 of 1991 concerning KHI, Law no. 1 of 1974, and SEMA No. 3 of 2018 Results of the Plenary of Religion point 2 as the refinement of SEMA No. 7 of 2012 number 16 and Article 149 letter b of the KHI. In the case of divorce talak (Article 8 number (3) letter (c) PERMA No. 3 of 2017) the maintenance of mut'ah and iddah is paid together with the pledge of divorce when pronounced by the Petitioner. Second, the judges' judgment regarding the determination of the level of the amount of living is based on, a) the wife does not commit nusyuz, b) the economic condition of the husband, c) based on the consideration of the reasonable needs of each party.
Efektivitas Peran Pos Bantuan Hukum di Pengadilan Agama dalam Memberikan Layanan Hukum Kepada Masyarakat Nuraeni, Eneng; Ramdani, Riyan
Khazanah Multidisiplin Vol. 6 No. 2 (2025): Khazanah Multidisiplin
Publisher : UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kl.v6i2.49212

Abstract

Legal aid is a human right recognized and protected for all legal subjects. This research aims to analyze the effectiveness of Posbakum services in several Religious Courts in West Java. This descriptive qualitative study uses data collection techniques such as observation, interviews, and documentation. The findings show that the service effectiveness is measured using Duncan's indicators: (1) Goal achievement, which is quite effective but faces challenges in time management; (2) Integration, which is not yet effective due to issues in the service process and limited socialization to remote areas; (3) Adaptation, which is moderately effective. Key supporting factors include collaboration with competent parties, adequate funding, and necessary facilities. Recommendations include expanding socialization efforts through outreach to remote locations, utilizing social media for information dissemination, and creating suggestion boxes for feedback. Furthermore, it is recommended to enhance staff capabilities through training, seminars, and workshops on legal aid services, improve time discipline, and ensure consistency in providing accurate court schedules and information to avoid inconvenience for the public. This research contributes to improving the quality of legal aid services, especially in terms of outreach and staff development, which is crucial for ensuring access to justice for all citizens.