Wanditha, Diva Zaulia (2024) KOMPETENSI PENGADILAN AGAMA DALAM MEMUTUS PERKARA PERCERAIAN DILUAR WILAYAH HUKUM (STUDI PERKARA NOMOR 947/Pdt.G/2023/PA. Mlg DAN 1181/Pdt.G/2023/PA. Mlg). Undergraduate thesis, Universitas Muhammadiyah Malang.
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Abstract
According to PP No. 9/1975 concerning the Implementation of Law No. 1 of 1974 concerning Marriage, a divorce lawsuit can be submitted to the Religious Court for couples who adhere to the Islamic religion. As in the divorce lawsuit filed by the Sugiarto.Law & Partners Law Firm dated May 31 2023, however the lawsuit was withdrawn because the Panel of Judges was of the opinion that it did not have the authority to try the case because the Plaintiff's domicile was different from the Court's domicile. By withdrawing the lawsuit, the Plaintiff's Legal Counsel filed again. The new lawsuit is dated June 12 2023, and the lawsuit was accepted until the decision on this case was issued. Therefore, the author conducted this research to determine the legal considerations of Judges in deciding divorce cases where the Plaintiff's domicile is different from the domicile of the Court adjudicating case number 947/Pdt.G/2023/PA. Mlg and the process of resolving contested divorce cases in case number 1181/Pdt.G/2023/PA. Mg. In this research the author used normative research methods. Based on the results of this research, the author can conclude that the Plaintiff can still file a lawsuit with a court whose domicile is different from his original domicile. This is based on Law no. 7 of 1989 Article 73 (1) and also as contained in Article 132 (1) KHI. Based on the research results obtained from examining library materials or secondary data, the suggestions that the researchers put forward are for the Judicial Institution to enforce the law regarding plaintiffs who are currently filing lawsuits at their domicile. by ensuring that applicable laws are applied fairly and equally to all individuals without discrimination. as well as deciding legal cases based on applicable laws and providing appropriate sanctions or remedies.
Item Type: | Thesis (Undergraduate) |
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Student ID: | 202010110311484 |
Keywords: | Keywords: Lawsuit, Divorce, Court |
Subjects: | K Law > K Law (General) |
Divisions: | Faculty of Law > Department of Law (74201) |
Depositing User: | 202010110311484 divazaulia |
Date Deposited: | 23 Jan 2024 07:13 |
Last Modified: | 23 Jan 2024 07:13 |
URI: | https://eprints.umm.ac.id/id/eprint/2801 |