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All Journal International Journal of Sustainable Law El-Qisth Jurnal hukum keluarga Islam
Al Abza, M.Thohar
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Considerations of Domestic Violence in Divorce (Case study at the Merauke Religious Court No. 254 / Pdt.G / 2022 / PA. Mrk) Suwarno, Suwarno; Yulia Rahman, Hendra; Al Abza, M.Thohar
International Journal of Sustainable Law Vol. 1 No. 2 (2024)
Publisher : Universitas Kristen Cipta Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71131/w889z485

Abstract

Violence in Rmah Tangga (KDRT) is one of the reasons that is often used as the basis for divorce applications in court. This study aims to analyze the legal considerations desired by the judges of the Merauke Religious Court in deciding divorce cases on the basis of domestic violence in decision Number 254/Pdt.G/2022/PA.M. This research uses qualitative research methods. By using an empirical study or case study approach. The data collection is sourced from the results of the decision of case Number 254/Pdt.G/2022/PA. Mrk and interview. The results of the study indicated that case Number 254/Pdt.G/2022/PA. The reason that makes the plaintiff in this case the wife filed for divorce from the defendant who is none other than her husband is the first physical violence. The plaintiff said that this physical violence was in the form of beating and kicking the plaintiff which had an impact on bruises on his body. The second reason for the plaintiff is the existence of Psychological Violence, namely the defendant always says rude words that cause fear and threats to the plaintiff. The subsequent finding is that case Number 254/Pdt.G/2022/PA. Mrk mentioned that the judge in considering the filing of divorce on the grounds of Syiqaq or the existence of continuous quarrels and disputes. These legal considerations certainly obscure the reasons put forward by the plaintiff under the pretext of domestic violence, namely the existence of physical and psychological violence. In general, of course, the judge in considering the law in the decision has been fair, that is, the judge is based on benefits. Which if this case is not granted, it will cause great benefits or harm to one of the parties.
Fenomena Penundaan Pembagian Harta Warisan Di Kabupaten Merauke Dalam Perspektif Syariah Susanto, Susanto; Yulia Rahman, Hendra; Al Abza, M.Thohar
Jurnal Hukum Keluarga Islam El-Qisth Vol. 8 No. 01 (2025): Juni, Jurnal Hukum Keluarga Islam El-Qisth
Publisher : Prodi Hukum Keluarga Islam IAI Uluwiyah Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47759/5ky7cb57

Abstract

The background in this study occurs because in Merauke Regency there are many delays in the distribution of inheritance when one of their family members dies. The delay in the distribution of inheritance for many years, for various reasons. Delaying the distribution of inheritance is tantamount to withholding the rights of the heirs. This research method uses qualitative where the data collection technique is through interviews, observations and supplemented with documents from books related to the problem being studied. Based on the findings of the study, it can be concluded that the postponement of the distribution of inheritance carried out by the people of Merauke Regency is motivated by four factors, namely: (a) Discussing inheritance after the heir dies is considered a prohibition or taboo. (b) Lack of knowledge of inheritance law. (c) One of the parents is still alive. (d) Lack of deliberation between heirs.  The next finding is that the law of postponing the distribution of inheritance carried out by the people of Merauke Regency after fulfilling the rights of the deceased is haram or not justified by Islamic Sharia. Because of this, it is clear that the command is both in the Qur'an and the Hadiths of the Prophet PBUH and in Article 175 of the Compilation of Islamic Law to immediately give inheritance to anyone who is entitled to receive it
Co-Authors Susanto Susanto Suwarno Suwarno Yulia Rahman, Hendra