Pengucapan Ikrar Talak di Luar Persidangan (Studi Kasus Putusan Nomor 921/Pdt.G/2021/PA.Kds)

Abstract

Divorce is considered the most appropriate solution in certain circumstances to resolve the culmination of quarrels and disputes in the household with valid reasons according to the law, as in the case of Decision Number 921/Pdt.G/2021/PA.Kds. This study aims to determine the legal impact of post-divorce outside the trial and the legal basis for the judge's consideration in case Number 921/Pdt.G/2021/PA.Kds from the perspective of the Kudus Religious Court and Islamic law. This research uses a qualitative approach case study research type to obtain information about the object under study in a concrete and relevant manner. The data sources used are primary data in the form of decisions of the Kudus Religious Court and secondary data in the form of books and journals on divorce. Research techniques through observation, interviews, and documentation. The results showed that the Kudus Religious Court was of the opinion that regarding the validity of the pledge of divorce pronounced outside the Court, there should be no difference between fiqh law and positive law applicable in Indonesia, because KHI is the result of Nusantara scholars who mix from various books and should be able to eliminate the khilaf-khilaf that exists in Indonesia so that the validity of the pledge of divorce is done in front of a religious court session.