TINJAUAN YURIDIS TERHADAP PERCERAIAN AKIBAT SUAMI IMPOTEN BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (Studi Kasus Putusan Hakim Pengadilan Negeri No 11/PDT.G.2018/PN.JAKSEL)
| Main Author: | DESIANA, WIDYA |
|---|---|
| Format: | Thesis NonPeerReviewed Book |
| Bahasa: | eng |
| Terbitan: |
, 2019
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| Subjects: | |
| Online Access: |
https://eprints.untirta.ac.id/1987/1/TINJAUAN%20YURIDIS%20TERHADAP%20PERCERAIAN%20AKIBAT%20SUAMI%20IMPOTEN%20BERDASARKAN%20UNDANG-UNDANG%20NOMOR%201%20TAHUN%201974%20TENTANG%20PERKAWINAN.PDF https://eprints.untirta.ac.id/1987/ https://fh.untirta.ac.id/ |
Daftar Isi:
- Marriage is a sacred bond, but sometimes in marriage there are often disputes that lead to divorce, one of the causes of divorce is that the husband experiences impotence, based on the decision Number 11 / Pdt.G / 2018 / PN.Jaksel in the South Jakarta District Court where a wife sued her husband to the South Jakarta District Court because her husband was impotent. Based on the background of the problem problems can be identified, namely whether the judge's decision Number 11 / Pdt.G.2018 / PN.Jaksel concerning divorce because the husband is impotent in accordance with Law No. 1 of 1974 concerning marriage and what legal consequences arise from divorce because impotent husband in decision Number 11 / Pdt.G / 2018 / PN.Jaksel is reviewed based on Law No. 1 of 1974 concerning marriage. This study uses a normative juridical research method, with the approach used in writing this essay the author uses a statute approach, conceptual approach, and a case approach. Data collection techniques in writing this essay are using interview techniques and library study techniques. While the data analysis I use is a qualitative analysis method. From the results of the research, the judge's decision was in accordance with Law No. 1 of 1974 concerning marriage that the disability suffered by the defendant was used as a trigger for disputes and arguments which led to divorce in his household. Criteria for disability or disease that can be used as a reason for divorce are physical disabilities because a husband / wife suffers from a serious illness that can be transmitted to their partner so that it is no longer possible to have a husband and wife relationship, which can be leprosy or aids. Impotence is not included in the criteria for disability or disease which can be used as a reason for divorce because, according to judges' consideration, impotence is a disease that is still possible to be cured. Judges' considerations in determining disability as a reason for divorce look at the evidence presented by the plaintiff and the defendant. The legal consequences arising from divorce due to an impotent husband will cause legal consequences between husband and wife who are divorced, and to children and assets in marriage which are the results obtained during marriage. Keywords: marriage law, divorce, impotence.