Akibat hukum perceraian yang dilatarbelakangi adanya kekerasan dalam rumah tangga (studi kasus putusan nomor 201/pdt.G/2018/pn. Jkt. Pst)

Soemadiredja, Eva Herera (2020) Akibat hukum perceraian yang dilatarbelakangi adanya kekerasan dalam rumah tangga (studi kasus putusan nomor 201/pdt.G/2018/pn. Jkt. Pst). Bachelor thesis, Universitas Pelita Harapan.

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Abstract

Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and everlasting family or household. In a marriage, one of a husband or wife who is unable to carry out his obligations or disputes or quarrels that even occur. domestic violence, can endanger a marriage that has been carried out by a married couple. The formulation of the problem in this thesis is legal considerations of the Panel of Judges with the applicable laws and regulations in resolving divorce cases (Case Study of Decision Number 201 / Pdt.G / 2018 / PN. Jkt. Pst) and legal consequences arising after the marriage broke up due to divorce in (Case Study of Decision Number 201 / Pdt.G / 2018 / PN. Jkt.Pst)? In this legal research, normative juridical approach is done by library research. The results of the research in this thesis is legal considerations of the Panel of Judges with applicable laws and regulations in resolving divorce cases Number 201 / Pdt.G / 2018 / PN. Jkt.Pst. based on Article 39 paragraph (2) of Law Number 1 of 1974 concerning Marriage, that is, in conducting divorce there must be sufficient reasons that between the husband and wife will not be able to live in harmony as husband and wife. continuous quarreling which if maintained in marriage can have a negative impact on the psychological and psychological child. The legal consequences arising after divorce, the rights and obligations of husband and wife after divorce occurs relating to marriage are no longer binding between the two. With a divorce, in Article 40 of Law Number 23 Year 2006 concerning Population Administration, divorce must be reported by the relevant party to the Implementing Agency. In the case of child care, through Article 300 of the Civil Code, that when a divorce occurs, the authority of the parents is exercised by the father or mother and if both are unable, the court will appoint a guardian. Legal consequences after divorce regarding joint property, in Article 37 of the Marriage Law, when divorce occurs, shared property can use different rules depending on variations in religious law, customary law or other laws outside religious law. The distribution of shared assets is divided equally including the total profits and losses obtained from the business carried out by husband and wife as long as they are still bound in marriage.

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