IRHISA, Vellian Azzahra (2025) Contested Divorce Due To Dispute and Physical Abuse (Juridical Review of Religious Court Decision Number: 1253/Pdt.G/2021/PA.Sby). Skripsi thesis, Universitas Jenderal Soedirman.

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Abstract

Marriage is meant to last forever, but sometimes divorce occurs within a marriage. This is interesting in case no. 1253/Pdt.G/2021/PA. Sby, where divorce occurred because the defendant, as the husband in this case, committed physical violence, had a mistress, consumed alcohol, and was unable to provide for the family's financial needs. This study aims to analyze the judge's legal considerations in granting a divorce due to physical abuse and the legal consequences of divorce related to child custody as stated in the Surabaya Religious Court Decision Number: 1253/Pdt.G/2021/PA.Sby. The research methodology employed a normative statute approach with prescriptive research specification, utilizing secondary data consisting of primary and secondary legal materials. The data collection method involved literature review, and the research was presented in narrative text form. The analysis method used was normative qualitative. The research findings indicate that the Panel of Judges granted the petition based on Article 39 paragraph (1) and (2) of the Marriage Law in conjunction with Article 19 letter (f) of Government Regulation No. 9 of 1975 in conjunction with Article 116 letter (f) of the Compilation of Islamic Law regarding the grounds for divorce due to ongoing disputes. The judges should have added Article 116 letter (g) of the Compilation of Islamic Law as a legal basis for consideration, as the defendant, in this case the husband, had violated the sighat taklik talak by failing to provide the required maintenance for three months and causing physical harm to his wife. In addition, the legal consequences of the termination of the divorce in accordance with Article 105 letter (a) of the Compilation of Islamic Law, namely the Plaintiff as the biological mother of a 15 (fifteen) month old child gets full custody of the child and imposes the Defendant in this case the Husband to pay the hadhanah fee which was reduced from Rp.5,000,000.00 (five million rupiah) to Rp.3,000,000.00 (three million rupiah) because the judge felt that the Defendant was unable to do so as stated in the trial.

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