TINJAUAN YURIDIS TERHADAP PUTUSAN PENGADILAN AGAMA PEKANBARU TERHADAP PERCERAIAN TANPA IKRAR TALAK (Studi Putusan Nomor : 0600/Pdt.G/2015/PA.Pbr)

Abstract

Article 1 of Law Number 1 Year 1974 Concerning Marriage affirms,
marriage is the inner birth bond between a man and a woman as husband and
wife, with the aim of forming a happy and eternal family (household) based on the
divinity of the One Supreme. However, maintaining a household is not easy. The
breakup of marriage for three reasons, namely divorce, death and court decisions.
Literally, talak means freelance and freedom. Divorce divided again that is,
divorce raj'i or divorce 1, may refer before the iddah ends. Divorce ba'in small or
divorce 2 which in the sense can still be re-referenced, and divorce ba; in sughra
talak 3 can not return before ex-wife married to another man and divorced.
The consideration of the judges of the Religious Courts of Pekanbaru in
handling divorce cases without the pledge of divorce which the authors obtained
from the copy of number 0600 / Pdt.G / 2015 / PA.Pr., Is the verdict of the trial of
the pledge of divorce between the applicant, Efendi bin Zahar Labai with the
Respondent Neli Ernawati bint Syahril. Whereas in the rule of Islamic law if the
requirements of divorce are fulfilled then divorce has been considered fallen. In
this case Efendi bin Zahar Labai and Neli Ernawati bint Syahril have been legally
divorced according to Islam but there is still a legitimate marriage bond between
them. According to a positive judicial review, the judges consider no divorce
between the applicant and the requested party, as the appellant of the
representative / his proxy does not come to the pledge of divorce even after
exceeding the 6 (six) month period. According to the authors this does not give
certainty to the petitioners for their status, their divorce is not legitimate in the
eyes of law because divorce is considered lawful if it has been decided by the
competent court and also executed in accordance with the applicable law, but
according to Islamic Shari'a still has fall of divorce to wife.
Keywords: Divorce_ Pledge of Talak