PENYELESAIAN PERKARA PERCERAIAN ISLAM DENGAN TUNTUTAN NAFKAH TERUTANG PADA GUGATAN NOMOR REGISTRASI PERKARA 6250/PDT.G/2024/PA.KAB.MLG

This research is motivated by the increasing divorce rate in Indonesia, especially in Malang Regency, which reflects the weak resilience of the family and the non-optimal implementation of the marriage law. Based on data in 2024, the Malang Regency Religious Court recorded 2,856 divorce cases, consisting of 2,298 lawsuit divorce cases and 558 talaq divorce cases. One of the cases that is the focus of the research is Decision Number 6250/Pdt.G/2024/PA. Mlg Regency, where the wife sued for divorce from her husband on the grounds that she did not receive birth support for six years, alleged infidelity, and loss of domestic harmony. The formulation of this research problem includes: (1) how the process of resolving divorce cases in Islam in the case, and (2) whether the judge's legal considerations in rejecting the claim for maintenance owed were appropriate. This research uses an empirical juridical method with a case approach and a statute approach, through an analysis of case documents, positive legal provisions, and relevant academic literature. The results of the study show that the trial process has been in accordance with the procedural law of the religious court, starting from the mediation stage to the final verdict. However, in the consideration of the panel of judges in rejecting the claim for maintenance owed, it was considered not entirely appropriate because it did not reflect the principles of justice and propriety. Based on the facts of the trial and witness statements, it was proven that the defendant was negligent in providing maintenance, while the amount of maintenance given by the defendant per month was not commensurate with the needs of a decent life. Therefore, the panel of judges should consider granting part of the claim for outstanding maintenance as a form of protection for the wife's economic rights.