KEKERASAN DALAM RUMAH TANGGA SEBAGAI ALASAN TERJADINYA PERCERAIAN (Studi Analisis Putusan di Pengadilan Agama Sukoharjo Tahun 2016)

MARADHATIKA, IKFINA and ANWARUDIN, ANWARUDIN (2018) KEKERASAN DALAM RUMAH TANGGA SEBAGAI ALASAN TERJADINYA PERCERAIAN (Studi Analisis Putusan di Pengadilan Agama Sukoharjo Tahun 2016). skripsi thesis, IAIN Surakarta.

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Abstract

Ikfina Maradhatika, NIM: 132121051, "VIOLENCE IN HOUSEHOLD AS A RESULT OF THE DESTRUCTION IN (Study of Decision Analysis at Sukoharjo Religious Court of 2016)". Domestic Violence is one of the factors causing divorce at the Sukoharjo Religious Court. According to Komnas Perempuan's Annual Record (Catahu), the number of cases of violence against women has increased from year to year. Catahu Komnas Perempuan has received data from 359 Religious Courts (downloading data from the BADILAG page) from 30 provinces as well as partner service agencies. According to the categorization of the divorce causes of the Religious Courts, the absence of harmony factors occupies the highest number of 76,975 cases than other factors in 2016-2017. While the causes of physical cruelty as many as 3.984 cases, mental cruelty as many as 605 cases. Although the number of cases of physical cruelty and mental cruelty is relatively small compared to other categories but is evidence of domestic violence in the cause of divorce. Other categories such as "no harmony" and "no responsibility" are broad- ranging, many things can be included in it including domestic violence. The purpose of this study was to determine the forms of domestic violence that became the factor causing divorce in the Sukoharjo Religious Court. Then judge consideration in examining divorce cases caused by domestic violence factor. While this type of research is literature research with data sources taken from Sukoharjo Religious Court and bibliographic data. Done by data collection techniques of documentation and from written materials in the form of Laws and other written sources relevant to this research. Based on the results of the study are: 1. Forms of domestic violence that the reason for the divorce in Sukoharjo Religious Court have been described in Clause 5 of Law no. Law Assembly No. 23 of 2004 on the Elimination of Domestic Violence, namely physical violence, psychological violence and neglect of the household 2. Judges in considering divorce lawsuits in both decisions that researchers get, using Clause 116 letter f about husband and wife disputes and households do not exist again, the Assemblies of Judges should have used Clause 116 letter d on cruelty or persecution committed by either party. Because the Panel of Judges must pay attention to the Regulation No. 3 of 2017 on the Guidance on Trial of Women in Conflict with the Law, where the judge must adjudicate on the principle of non-discrimination. Keywords: Domestic Violence, Judge Consideration, Discrimination against Women

Item Type: Thesis (skripsi)
Subjects: 2x Islam > 2x4 Fikih > 2x4.2 Muamalah
Divisions: Fakultas Syariah > Hukum Ekonomi Syariah Muamalah
Depositing User: Maha siswa
Date Deposited: 17 Dec 2018 01:51
Last Modified: 17 Dec 2018 01:51
URI: http://eprints.iain-surakarta.ac.id/id/eprint/2299

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