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Salsabeela Adnya
UIN Sunan Ampel Surabaya
Law, Crime, Criminology & Criminal Justice

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Analisis Yuridis Pandangan Hakim Pengadilan Agama Sukoharjo Terhadap Pelaksanaan Putusan Tuntutan Nafkah Pasca Cerai Salsabeela Adnya; Ita Musarrofa
AL-HUKAMA Vol. 7 No. 2 (2017): Desember 2017
Publisher : State Islamic University (UIN) of Sunan Ampel

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (557.784 KB) | DOI: 10.15642/al-hukama.2017.7.2.57-84

Abstract

The application of divorce granted by the Religious Court in its verdict will result in legal consequences, ie the ex-wife is entitled to get mut’ah and post-divorce living (except for the ex-wife before conducting sexual intercourse). But, the fact is not always like that. Without legal awareness from the ex-husband, legal certainty for the ex-wife will not be realized and hindered in the effort to get her rights, in the form of mut'ah and post-divorce living. The effectiveness of the execution of the verdict is also influenced by the active role of the judge ordering the ex-husband to provide his ex-wife before the vow of the divorce is read. Although there are not laws governing it, but the Judges of the Religious Court of Sukoharjo conducted legal discovery in accordance with the principles of civil procedure law. The solution to the payment of subsistence payment before being read by the pledge of divorce is a manifestation of legal certainty as stipulated in Article 5 paragraph (1) of Law Number 48 Year 2009 on judicial power. The judge should maximize the role to advise the ex-husband so that his willingness to carry out the contents of the verdict and postpone the reading of the pledge of divorce before the ex-husband fulfills the decision (paying post-divorce living).
Co-Authors Ita Musarrofa