ANALISIS YURIDIS TERHADAP PENOLAKAN GUGATAN PERCERAIAN (Studi Putusan Nomor 21/Pdt.G/2024/PN.Jkt.Brt)

Putri, Joanvie Alyssa (2025) ANALISIS YURIDIS TERHADAP PENOLAKAN GUGATAN PERCERAIAN (Studi Putusan Nomor 21/Pdt.G/2024/PN.Jkt.Brt). Undergraduate thesis, UPN Veteran JawaTimur.

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Abstract

This study examines the Juridical Analysis of the Rejection of a Divorce Suit based on the Study of Decision Number 21/Pdt.G/2024/PN.Jkt.Brt which aims to analyze the judge's legal considerations in rejecting a divorce suit and examine its legal implications for the wife as the plaintiff. This study uses a normative juridical method with a statutory approach and a case approach. The results of the study indicate that the judge's legal considerations in the case focused more on fulfilling the requirements for a six-month separation of residence according to the provisions of SEMA No. 1 of 2022, but ignored the fact of infidelity which should be a valid reason for divorce according to Article 39 paragraph (2) of the Marriage Law and Article 19 of PP No. 9 of 1975. This creates an imbalance between legal certainty, benefit, and justice, especially for wives who are harmed by the rejection of the divorce suit. Thus, this study emphasizes the importance of applying the principle of proportional justice in divorce decisions so that legal protection for wives remains guaranteed. Keyword : Divorce, Judge's Consideration, Rejection of Lawsuit

Item Type:

Thesis (Undergraduate)

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