ANALISIS YURIDIS SOSIOLOGIS DAMPAK HUKUM PEMBERLAKUAN UU RI NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA TERHADAP TINGKAT PERCERAIAN (Studi Kasus di Pengadilan Agama Kota Malang)

SOEF, MOCHAMAD (2009) ANALISIS YURIDIS SOSIOLOGIS DAMPAK HUKUM PEMBERLAKUAN UU RI NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA TERHADAP TINGKAT PERCERAIAN (Studi Kasus di Pengadilan Agama Kota Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

Marriage is to represent one of the conducted Islam religious service according to Islam manual which in Al-Qur'an and of Al-Hadist and aim to syariat Allah SWT, so that create family of sakinah, and mawaddah of rahmah and also ridho by Him. Marriage of disagree with target initialy. Don't understand and is wrong of thigh about role, its rights and obligations make inharmonious marriage again. That thing earn to trigger continuous quarel. Finally wife or husband conduct action hardness, hurting physical or is psychical of its couple. This is later;then named by Hardness In Household (KDRT), later;then implementation in UU RI No. 23 year 2004 about PKDRT (abolition of hardness in household). Approach method which is used in this research have the character of sosiologis yuridis, that is approach of research the studying the problem of hardness relation that happened in household represent adversative action with law because having the character of to destroy, physical goodness, psychical and also economics (Nafaqah). Research in malang PA town. Divorce of old stuff problem these days, as does divorce in unlucky town show the make-up of the percentage of perceraiandi of malang town. Amount of divorce three this final years (2005-2007) high enough, divorce to sue 2131 case and divorce thalaq 1127 case. In the document of PA Malang, there is three highest factor cause of divorce, is: a). Economic, b). Don' t Responsibility, and c). Don' t Harmonious in household. Act hardness in household (KDRT) according to Islam law is illicit its law, because of dimiciling well-balanced wife and husband because of equiping each other one other same in household. In problem of education at wife of nuyuz (don' t meekly at husband) in problem of kindliness, enabled as in QS. An-Nisa' 04:34, however don' t generate pain physically or non physical. Hardness Deskripsi in positive law, is; a). Section 7 UU PKDRT Section jo 351-356 KUHP (maltreatment, hardness of physical), b). Section 9, 47 and 48 UU PKDRT Section jo 324-337 KUHP (psychological hardness, badness of asusila), c). Section 5 UU PKDRT Section jo 442 KUHP neglected of household (hardness of economics), d). Section 470 KUHP (hijack of independence)

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Twinning Program
Depositing User: Anggit Aldila
Date Deposited: 30 Jun 2012 04:24
Last Modified: 30 Jun 2012 04:24
URI: http://eprints.umm.ac.id/id/eprint/10440

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