AKIBAT HUKUM PUTUSAN MAJLIS HAKIM YANG DITOLAK OLEH PEMOHON PERCERAIAN SEBELUM IKRAR TALAK (ANALISIS PUTUSAN : 3693/Pdt.G/2019 Di Pengadilan Agama Kabupaten Kediri)

Abstract

This study aims to analyze the implementation of the pledge of divorce in religious court decisions regarding alimony madliyah, Iddah, Mut'ah. Divorce is a legal act that will certainly bring certain legal consequences. Divorce can occur because of a divorce from the husband or a divorce suit filed by the wife, the Court can oblige the former husband to provide livelihood costs and or determine an obligation to his former wife. The obligations of the former husband are in the form of madliyah maintenance, mut'ah maintenance, iddah maintenance (if the wife is not nusyus) and maintenance for children. The implementation of the pledge of divorce related to the obligation to provide maintenance for the former husband before the pledge of divorce is not regulated in the law, but in practice the judge always tries to make the former husband carry out his obligations, namely providing maintenance for the former wife before the pledge of divorce is read. This research is normative juridical research. The results showed that the implementation of the pledge of divorce related to nafkah which has permanent legal force, the judges of the Kediri Regency Religious Court always anticipate by requiring the former husband to provide madliyah, iddah, mut'ah to the former wife before the pronunciation of the pledge of divorce. In the practice of the pledge of divorce, the panel of judges provides room for agreement for husbands and wives even though the rules of the husband are obliged to a number of judicial decisions that have been imposed before the pledge of divorce.