Tingginya Cerai Gugat Yang Dilakukan Oleh Pihak Isteri Di Pengadilan Agama Kelas I A Padang

SUMITRA, DENY (2013) Tingginya Cerai Gugat Yang Dilakukan Oleh Pihak Isteri Di Pengadilan Agama Kelas I A Padang. S1 thesis, Universitas Andalas.

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Abstract

today's era of progress, more and more new issues that hit the household, the more challenges in the face that not only the various problems facing even household needs are increasing advances in science and chnology. The rise of divorce contested divorce mainly to prove that a divorce is not taboo anymore. Contested vorce continues to rise annually Based on the author discusses more about the factors that led to the rise of ;h or contested divorce filed by the wife in the Religious Class-lA Champaign and how the consideration of e judge in deciding contested divorce cases. The approach taken is through • the law yurudis sociological search methods. Based on the results of the study authors and it is known that the reason for the divorce ocedures are in compliance with applicable laws. Of the number of divorces is decided by religious courts ass lA Champaign for three (3) year over year from 2010 to 2012 can be seen contested divorce-cases creased each year compared with talaq divorce. The data the authors obtained five (5) months from December iI2-Apri] 2013 divorce case due to several factors, namely, there is no harmony in the household, there is no jility, to the annoyance factor of 3 (three), the crisis of moral / character , economy, illness / disability ological, polygamy is not healthy, persecution and sentenced. And there is also the background factors or tors that cause high contested divorce courts for Padang that wives today's educational factors and factors of 'areness of their rights as wives woman. Judges in deciding the contested divorce cases must be based on isonable grounds for divorce,'witness statements, and evidence that can bejustified. Pursuant to applicable law ge first examine the case and undergo procedures that must be performed, such as Judges must first reconcile two sides. And if the Judge is not successful then proceed to the next stage. Judges in contested divorce cases passive (Nemo Judex lux), meaning that judges pnly receive and investigate the case based on the petition in lawsuit. So if the plaintiff did not exercise their rights, namely hadhanah (guardianship, living, education on Idren) and community property is considered plaintiffs have relinquished its rights.

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