Analisis Yuridis Terhadap Pertimbangan Hakim Menolak Gugatan Penggugat Perceraian Ditinjau Dari Perspektif Hukum Perkawinan (Studi Putusan Nomor: 56/Pdt.G/2024/PN. Jbg)

Hutagalung, Iqbal (2025) Analisis Yuridis Terhadap Pertimbangan Hakim Menolak Gugatan Penggugat Perceraian Ditinjau Dari Perspektif Hukum Perkawinan (Studi Putusan Nomor: 56/Pdt.G/2024/PN. Jbg). Undergraduate thesis, UPN Veteran Jaw Timur.

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Abstract

A divorce suit filed by the wife as the plaintiff to the court to sue her husband must be supported by strong arguments and evidence so that it can be accepted by the panel of judges. As with the rejection of the divorce suit by the Panel of Judges in Decision Number 56/Pdt.G/2024/PN Jbg where the panel of judges rejected the lawsuit filed by the plaintiff because the evidence submitted by the plaintiff was not strong enough and the plaintiff failed to prove the arguments of his lawsuit. To study further, this study formulated two problems, namely: first, what is the basis for the judge's considerations in rejecting the plaintiff's divorce suit; Second, what are the legal consequences that arise for the plaintiff after the divorce suit is rejected. This study uses a normative juridical method with a case, statutory, and analytical approach, and is analyzed descriptively qualitatively. The results of the study indicate that the rejection of the divorce suit in Decision Number 56/Pdt.G/2024/PN Jbg occurred because the plaintiff's evidence was not strong enough and failed to convince the panel of judges of the arguments of his lawsuit. The judge emphasized the assessment of the formal aspects of evidence, especially witness statements that were considered irrelevant to prove the arguments for divorce. The legal consequences of the rejection are: first, the marital status between the plaintiff and the defendant remains valid and recognized by the state; second, the rights and obligations of husband and wife as regulated in Law Number 1 of 1974 remain attached and must be carried out; and third, the opportunity is open for the plaintiff to take further legal action, either through an appeal or by filing a re-suit. Therefore, this study emphasizes that judges should assess from the formal aspect, but also pay attention to the substance of household harmony in deciding divorce cases.

Item Type:

Thesis (Undergraduate)

Contributors: