Analisis Yuridis terhadap Putusan Hakim Pengadilan Negeri terhadap Gugatan Perceraian yang Tidak Dapat Diterima (Studi Putusan Nomor 50/PDT.G/2019/PN.SON)

Abstract

Humans as social beings live in groups and interact with each other in society. Marriage, as a sacred relationship, is expected to last a lifetime. However, marriages often end in divorce. Divorce can only be done through the courts after the court's peace efforts have failed. The purpose of this study is to determine the regulations regarding divorce lawsuits that are unacceptable according to positive law in Indonesia, to determine the factors that cause divorce lawsuits that are unacceptable according to court decisions and positive law in Indonesia and to determine the considerations and decisions of the Judge regarding divorce lawsuits that are unacceptable in the District Court Decision Number 50 / Pdt.G / 2019 / PN.Son. The type of research used in writing this thesis is normative juridical research using primary and secondary data, namely with a statute approach and a conceptual approach. The data collection technique in writing this thesis uses library research and field research studies and the data is processed and analyzed qualitatively. The results of this analysis indicate that the regulation of marriage and divorce in Indonesia is regulated through various legal regulations that aim to maintain order and household welfare. Filing a divorce lawsuit must meet the formal and material requirements that have been regulated in the Law and Government Regulations. In the case of District Court Decision Number 50 / Pdt.G / 2019 / PN Son, the Panel of Judges decided that the divorce lawsuit was unacceptable (niet ontvankelijk verklaard) due to lack of sufficient evidence and the failure to fulfill the formal requirements for divorce of Civil Servants (PNS). This shows that in handling divorce lawsuits, the panel of judges carefully considers the evidence submitted and the procedures that must be met in accordance with applicable regulations. As a result, a divorce lawsuit can be rejected if it does not meet the specified requirements.