KESAKSIAN ANAK KANDUNG YANG DITOLAK HAKIM TERHADAP KASUS PERCERAIAN (Studi Kasus di Pengadilan Agama Pasuruan)

Abstract

The information provided by witnesses is called testimony. One of the valid evidence in the trial is witness testimony. One of the obligations of a witness is to testify. However, there are witness statements that are not accepted in divorce cases, namely statements from the family. The family is not allowed to testify because most likely the family does not want the divorce. It is very different from divorce on the grounds  of shiqaq. Shiqaq is a constant argumentand quarrel between husband and wife continuously without end Divorce on the grounds  that Shiqaq allows the family to be witnesses. It is different from the provisions in the Pasuruan City Religious Court. In the divorce dispute, the Pasuruan City Religious Court Judge prohibited biological children from  testifying. Based  on awa l observations at the Pasuruan City Religious Court, there were two divorce cases on the grounds  of shiqaq. Two witnesses were called in the divorce case, one of whom was a biological child. When examining the identity of the witness, the judge learned that the witness was the biological son of the plaintiff. So the judge refused directly to the child to be a witness. The judge asked to replace the biological child witness with another witness. Despite the divorce based on shiqaq, the judge at the Pasuruan City Religious Court did not allow biological children to testify as witnesses. This study used two research focuses, namely: 1. How is the testimony of biological children in divorce cases in  religious courts. 2. Apa only the factors that influence the rejection of the testimony of biological children in the religious court  of Pasuruan. The objectives to be achieved in this legal research are: 1.   Uto describe the testimony of biological children in divorce cases at the Pasuruan Religious Court. 2. Uto describe the  factors that influence the rejection of the testimony of biological children in the Pasuruan Religious Court. This research uses a qualitative approach with a type of descriptive qualitative research, which is research that makes descriptions of events and descriptions of facts in the field. To obtain data in this study, researchers used observation and interviews. the research location at the Pasuruan Religious Court with several judges, namely: Muhamad Choirudin, S.HI. , Imam Shafi'i, S.HI. M.H., and Nur Ali Renhoat, S.Ag., M.H.  So the results of research at the Pasuruan Religious Court show that  the testimony of biological children in divorce cases on the grounds  of syiqaq cannot be accepted or rejected by the judge. Judges at  the Pasuruan Religious Court  always avoid the testimony of biological children and prioritize the testimony of other family members. There is no law that allows biological children to be witnesses to the divorce of their parents, but in practice judges at the Pasuruan Religious Court reject the testimony of biological children in divorce cases. The reason the judge rejected the testimony of the biological child was not because of deviating from the Article but preferred other alternatives with some considerations that placing the biological child as a witness in a divorce case was not appropriate. There are 4 factors that influence the rejection of biological children's testimony at the Pasuruan Religious Court, namely psychological factors of children, ethics/morals, not neutral, and causing new disputes.

Keywords: Testimony, Biological Children, Judge, Divorce