Al-Izzah: Jurnal Hasil-Hasil Penelitian
Vol 17, No. 1, Mei 2022

Putusan Perkara Nusyūż Akibat Kekerasan Dalam Rumah Tangga (KDRT): Kajian Sosiologi Hukum

Fitriyani Fitriyani (UIN Syarif Hidayatullah Jakarta)



Article Info

Publish Date
04 Jul 2022

Abstract

This study aims to determine how the judge’s sociological perspective affected his ruling in the nusyūż case due to the occurrence of domestic violence (KDRT). The study's research topics are: (1) how are the arguments of the judges of the Religious High Court (PTA) in deciding cases of nusyūż due to domestic violence; and (2) How do judges’ sociological perspectives argue when making decisions in cases of domestic violence in the PTA. The data is derived from the Palembang Religious High Court decision No.21/Pdt.G/2018/PTA.Plg and the Banjarmasin Religious High Court decision No.44/Pdt.G/2019/PTA.Bjm, both of which were obtained from the Supreme Court of Indonesia’s website. Data were analyzed utilizing juridical and sociological approach through content analysis. The study’s findings revealed that the understanding of the husband’s superiority over his wife was a factor in the occurrence of Domestic Violence, as seen in PTA Palembang and Banjarmasin decisions, which was caused by frequent quarrels/bickering between husband and wife, which led to violence against the wife both physically and verbally. The passage of the Qur’an surah an-Nisa/4:34 discussing the completion of a wife’s nusyūż by hitting has influenced public perception, granting validity to a husband’s beating of his wife.

Copyrights © 2022






Journal Info

Abbrev

al-izzah

Publisher

Subject

Arts Humanities Education Languange, Linguistic, Communication & Media Social Sciences

Description

Al-Izzah receive article from academics, researchers, and students national and international in the field of Muslim community, education, culture, gender, and any social religious issues. The articles published in the journal Al-Izzah covers scientific research result as a priority research, ...