Analisis Yuridis Putusan Pengadilan Agama Wonosari Tentang Perceraian Akibat Perjodohan Perkara Nomor 1383/pdt.g/2018/pa.wno

Abstract

The background of this research is the author's anxiety when reading the letter from the Wonosari Religious Court regarding the decision of case Number 1383/Pdt.G/2018/PA.Wno which contained divorce cases caused by forced marriages. From there the author is interested in further analyzing the decision of the Wonosari Religious Court. The purpose of this research is to analyze the decision of case Number 1383/Pdt.G/2018/PA.Wno and what is the basis for the panel of judges' considerations of this case. This study uses a qualitative research approach. Data collection is done by observation, interviews and documentation. Data review, classification, verification, analysis and reasoning techniques are used in data processing. The results of the study show that in deciding cases of forced marriage as a reason for divorced case Number 1383/Pdt.G/2018/PA.Wno the panel of judges uses legal considerations that have been determined by law, namely using Article 39 paragraph (2) of the Law Law No.1 of 1974, and Article 19 letter (F), and Article 116 letter (F) Compilation of Islamic Law. It is very clear that the most dangerous thing in forced marriage is to have domestic violence (domestic violence). In the decision that the author of this analysis is, it becomes one of the strong evidences of the dangers of forced marriage. Even though maybe not all forced marriages end in divorced and there are also some harmonious forced marriages, it would be nice for the parents or guardians of the marriage to give children the freedom to choose partners.