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All Journal Al-Syakhsiyyah : Journal of Law and Family Studies MAHAKIM: Journal of Islamic Family Law
Nurul Hanani
Institut Agama Islam Negeri (IAIN) Kediri
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hambatan Pelaksanaan SEMA No. 2 Tahun 2019 terhadap Pemenuhan Hak-hak Perempuan Pasca Cerai Gugat di Pengadilan Agama Kabupaten Kediri Moch Ichwan Kurniawan; Nurul Hanani; Rezki Suci Qamaria
Al-Syakhsiyyah: Journal of Law & Family Studies Vol 4, No 1 (2022)
Publisher : Fakultas Syariah IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/syakhsiyyah.v4i1.3962

Abstract

SEMA No. 2 of 2019 which accommodates SEMA No. 3 of 2018 and PERMA No. 3 of 2017 concerning guidelines for adjudicating women's cases in conflict with the law makes new legal protection for women seeking justice, including for divorced wives. Where it allows a divorced wife to ask for her rights after the divorce is sued, namely iddah living and mut'ah income. This rule serves as a guide for judges under the Supreme Court including the Religious Courts of Kediri Regency, but in its implementation, it has not been in accordance with the purpose of the presence of these rules, the focus of this research is to explore the inhibiting factors for the implementation of SEMA No. The Religious Court of Kediri Regency and the solution given by the judge to the divorced wife due to the husband's fault. The results of this study show that the inhibiting factor is the absence of the divorced husband which causes the rules to not be implemented, the absence of instructions from the chairman of the court that requires applying SEMA No. 2 of 2019, and the lack of knowledge of divorced wives about the law. The solution is to present the husband in court so that it can be considered by the judge to decide the divorce case as possible, and the judge also tries to make husband and wife get back together in the household. Because the essence of the Religious Courts is a place to repair husband-wife relationships that experience cracks in the household.
Batasan Kompetensi Absolut Pengadilan Agama (Analisis Putusan Peninjauan Kembali Nomor 672 PK/Pdt/2016) Arditio Dwianto; Nurul Hanani; Hizbulloh Hadziq
MAHAKIM Journal of Islamic Family Law Vol 6 No 1 (2022): January 2022
Publisher : Institut Agama Islam Negeri (IAIN) Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (355.342 KB) | DOI: 10.30762/mahakim.v6i1.144

Abstract

In adjudicating a case, the court as the executor of judicial power of course sees whether it has the authority to adjudicate the case submitted by the plaintiff based on the absolute competence of each court within a particular judicial institution. However, in practice, there are courts in the general judiciary which consider the case being submitted by the plaintiff to be their authority, even though when referring to the applicable provisions, the case submitted by the plaintiff is essentially a case whose authority lies with the court in the religious court institution. This study discusses how the legal considerations of judges are based and how the judges' decisions match the absolute competence limits of religious courts in the Judicial Review Decision Number 672 PK/Pdt/2016. This study uses a normative legal research type by using a law approach and a case approach in analyzing legal problems. The results of this study can be concluded as follows: First, in the consideration of the panel of judges in the court of first instance until the cassation, there was an error in applying the law in which the panel of judges was fixated on the title of the lawsuit against the law which actually the substance of the lawsuit is an inheritance case between people who are Muslims who are under the authority of the Kediri Regency Religious Court, not the Kediri Regency District Court. Second, the decision of the panel of judges which stated that the district court was not authorized to hear the case in the Judicial Review Decision Number 672 PK/Pdt/2016 was in accordance with the absolute competence limit of the religious court.
Co-Authors Arditio Dwianto Hizbulloh Hadziq Moch Ichwan Kurniawan