Kosmik Hukum
Vol 21, No 1 (2021)

Pola Pertimbangan Hakim dalam Memutuskan Perkara Perceraian di Pengadilan Agama

Rizqiyah Rosyidatul Azizah (Universitas Muhammadiyah Sidoarjo)



Article Info

Publish Date
05 Feb 2021

Abstract

The aim of this research was to determine the patterns of consideration of judges in deciding divorce cases in Sidoarjo Religious Court. This research used normative method with a case approach which is conducted by examining the ratio decidendi. Data was collected through primary legal sources which include several court judgement and secondary legal sources which were obtained from law books and several law journals that wererelated tothe research. It can be concluded from this research that in deciding the divorce case in the Sidoarjo Religious Court, the Panel of Judges uses a pattern of law through the Constantine stage, namely by finding legal facts in advance based on the information of the Plaintiff / Petitioner and witnesses. Next is the Qualification stage where the Panel of Judges assesses and discovers the law of events that have been conferred, while the final stage is the Constituency, namely the Judge's action to give his constitution to the events that have been conferred and qualified, so that in this stage the Panel of Judges has determined the law in passing a decision.Keywords: Divorce, Judicial Consideration, Court Judgement.

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Journal Info

Abbrev

KOSMIK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Kosmik Hukum adalah jurnal peer reviewed dan Open-Acces yang diterbitkan oleh Fakultas Hukum Universitas Muhammadiyah Purwokerto. Kosmik Hukum mengundang para peneliti, dosen, dan praktisi di seluruh dunia untuk bertukar dan memajukan keilmuan di bidang hukum yang meliputi berbagai aspek hukum ...