ANALISIS PERTIMBANGAN HAKIM TERHADAP GUGATAN NAFKAH TANPA PERCERAIAN DI PENGADILAN AGAMA SEMARANG (Studi Putusan Hakim Nomor:1302/Pdt.G/2019/PA.Smg)

Abstract

Husbands are legally responsible for protecting their wives and providing everything they need in domestic life. However, at the Semarang Religious Court, there is a case of claiming maintenance without divorce. Based on the existing problems, the researcher wants to study the judge's considerations in lawsuits for maintenance without divorce. This research uses a normative juridical case approach method using primary data in the form of decision Number: 1302/Pdt.G/2019/PA.Smg and Marriage Law No. 1 of 1974, as well as secondary data in the form of journals and books that match the research title. This research uses descriptive analysis techniques. The results of this research show that the judges of the Semarang Religious Court have fulfilled the principles of justice, legal certainty, and expediency in deciding cases related to lawsuits for living without divorce, efforts to make decisions on lawsuits for living without divorce can be made through the stages of legal standing, examining evidence and conducting the mediation, then consider the constants, as well as the legal protection efforts for wives who do not get rights, namely that the wife must take the initiative herself to file a lawsuit against the judge through the Religious Court.

 

Keywords: Judicial Balance, Subsistence Lawsuit, Divorce