'Uliya, Elly Syauqi and , Dr. Moh. Indra Bangsawan, S.H., M.H (2026) Tinjauan Yuridis Putusan Pengadilan Agama Negara Bali Nomor 257/Pdt.G/2022/PA.NGR Dalam Perspektif Perlindungan Hak Perempuan Dan Anak Pasca Perceraian. Skripsi thesis, Universitas Muhammadiyah Surakarta.
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Abstract
This study aims to analyze normative issues and conduct a legal review of the Bali State Religious Court Decision Number 257/Pdt.G/2022/PA.Ngr from the perspective of protecting the rights of women and children after divorce. This research is motivated by the still weak fulfillment of women's and children's rights after divorce, particularly regarding iddah (waiting for dowry), mut'ah (waiting for dowry), and child support in judicial practice. The method used is normative legal research with a statutory and case-based approach. The data used is secondary data consisting of primary and secondary legal materials, then analyzed descriptively qualitatively. The results show that the normative problem in the decision lies in the dominant formalism approach to procedural law, particularly the ultra petitum principle, which causes judges to not determine iddah (waiting for dowry) and mut'ah (waiting for dowry) because they are not requested in the lawsuit. In addition, the decision was handed down by default and limited evidence also contributed to the suboptimal fulfillment of women's rights. The protection mechanism through SEMA Number 2 of 2019 is also considered ineffective because it does not have strong coercive power in its implementation. Legally, the decision complies with applicable procedural law, but does not fully reflect substantive legal protection for women and children. Therefore, an active role for judges through ex officio authority, as well as strengthening regulations and mechanisms for implementing decisions, are needed to ensure the fulfillment of women's and children's rights after divorce.
| Item Type: | Thesis (Skripsi) |
|---|---|
| Uncontrolled Keywords: | perceraian, perlindungan hukum, perempuan, anak, nafkah. |
| Subjects: | K Law > Indonesia Law > Perangkat Hukum > Pengadilan K Law > Indonesia Law |
| Divisions: | Fakultas Hukum > S1 Ilmu Hukum |
| Depositing User: | ELLY SYAUQI 'ULIYA |
| Date Deposited: | 23 May 2026 01:44 |
| Last Modified: | 23 May 2026 01:46 |
| URI: | http://eprints.ums.ac.id/id/eprint/145732 |
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