FEBRIANA, SHIFA (2025) “ANALISIS YURIDIS EX OFFICIO HAKIM PADA PENENTUAN NAFKAH IDDAH TERHADAP ISTRI NUZYUS DALAM PUTUSAN VERSTEK STUDI KASUS NOMOR 1493/Pdt.G/2024/PA.Kab.Mlg”. Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
In writing this Final Assignment, the author examines the Verdict in the Divorce and Talak case which was decided at the Malang Regency Class 1A Religious Court which adjudicated the Divorce Divorce Case Number 1493/Pdt.G/2024/PA.Kab.Mlg. The divorce application for divorce at the Malang Regency Religious Court was decided by verstek, which means that the respondent did not attend the trial and was deemed to have agreed to all the arguments put forward by the applicant and there was no request for any rights and the respondent had also been proven to be nusyuz. In this research the author focuses on looking at how the ex officio judge determines the iddah living for a nusyuz wife in decision Number 1493/Pdt.G/2024/PA.Kab.Mlg at the Malang Regency Court. The research method used in this writing uses a type of normative legal research and uses a statutory approach, a case approach and a conceptual approach. The result of the discussion in this research is that in providing iddah support for wives who are nusyuz in the verstek decision, the judge bases it on using the principles of justice and on the basis of the applicant's capabilities. However, on the other hand, the judge's consideration in the decision did not grant the Respondent the right to iddah maintenance after the divorce because the Respondent was proven to be nusyuz, in KHI Article 80 paragraph (7) states that the husband's obligation to provide the rights that the wife should have after the divorce is void because the wife is nusyuz.
Item Type: | Thesis (Undergraduate) |
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Student ID: | 202110110311087 |
Keywords: | Divorce; Ex Officio; Iddah income; Nusyuz |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 202110110311087 shifafebriana |
Date Deposited: | 23 Jan 2025 08:56 |
Last Modified: | 23 Jan 2025 08:56 |
URI: | https://eprints.umm.ac.id/id/eprint/14132 |