AKIBAT HUKUM PERCERAIAN KARENA PERPINDAHAN AGAMA (MURTAD) (Studi Kasus Putusan Pengadilan Agama Jakarta Pusat Nomor 25/Pdt.G/2024/PA.JP)

PRASYANTIA, ADINDA (2026) AKIBAT HUKUM PERCERAIAN KARENA PERPINDAHAN AGAMA (MURTAD) (Studi Kasus Putusan Pengadilan Agama Jakarta Pusat Nomor 25/Pdt.G/2024/PA.JP). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Marriage is a legal bond that aims to form a happy and eternal family based on the One Almighty God. In practice, the integrity of the household can be disturbed if one of the parties changes religion (apostasy) after the marriage has taken place. Conversion of religion does not automatically terminate the marriage, but can be a reason for divorce if it causes disharmony as regulated in Article 116 letter (h) of the Compilation of Islamic Law. This study aims to analyze the legal consequences of divorce due to conversion of religion and the judge's considerations in the Decision of the Central Jakarta Religious Court Number 25/Pdt.G/2024/PA.JP. The research method used is normative legal research with a statutory approach, a case approach, and a conceptual approach. Legal materials were obtained through literature studies that include laws and regulations, court decisions, legal literature, and expert doctrines. The analysis was conducted descriptively qualitatively. The results of the study indicate that judges do not consider apostasy as a direct cause of divorce, but rather assess the existence of continuous disputes, separation of residence, loss of communication, and failure to fulfill husband and wife obligations as the basis that the household can no longer be maintained. The verdict is handed down in the form of Fasakh as a mechanism for dissolving a marriage according to Islamic law. The legal consequences of this decision include the dissolution of marital relations, the end of the rights and obligations of husband and wife, as well as arrangements for living and child custody in accordance with the court decision. Keywords: divorce; apostate; fasakh

Item Type:

Thesis (Undergraduate)

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