Analisis Putusan Hakim Pengadilan Agama Indramayu Terkait Pembebanan Nafkah ‘iddah dan Mut’ah dalam Cerai Gugat (Studi Putusan Nomor 8018/PDT.G/2021/PA.IM)

Abstract

According to Clause 149 KHI it is stated that it is stated that the fulfillment of 'iddah and mut'ah only comes from talaq divorce, but in this case of 8018/Pdt.G/2021/PA.IM it is found that Indramayu Religious Court judge granted the wife’s demand so that her husband will be given duty fulfill the right to subsistence of 'iddah and mut'ah for the wife despite of the fact that this case is a judicial dicorce and the husband has no duty to fulfill those two rights in this particular divorce. This research was conducted to analyze the decision of Indramayu Religious Court Judge in providing mut'ah and ‘iddah sustenance as a result of judicial divorce. This is a descriptive qualitative research using a sociological approach through data and statements obtained from the results of interactions between researchers, the object of the study, and the people at the research site. The results of this study indicated that the panel of judges who decided on this case is basing their decision by the regulation of SEMA No.3/2018 and PERMA No.3/2017 which suggest that ‘iddah and mut’ah imposition can be provided in judicial divorce case, with one consideration that the wife does not proven to be nusyuz.