ANALISIS RATIO DECIDENDI HAKIM PENGADILAN AGAMA KAB. KEDIRI DALAM PUTUSAN PERKARA NO. 2016/PDT.G/2021/PA.KAB.KDR. TENTANG GUGATAN REKONVENSI CERAI TALAK

Abstract

Marriage is a life together between a man and a woman which begins with consent and acceptance, and the purpose of marriage in religion is Sakinah mawadah warahmah. As for a marriage, it is not always harmonious and ends in divorce, such as the case at the Religious Court of Kediri Regency, decision number no.2016/pdt.G/2021/ PA.Kab.Kdr, where a husband applies for divorce and the wife files a reconvention lawsuit. in court to ask for a living for iddah, mut'ah and madliyah. Then the judge in giving a decision on conflict cases based on the ratio of a judge's instincts, the judge in determining his decision uses the judge's mindset which is interpreted in a decision, this is the basis for conducting research to find out about the ratios that judges make, and how judges determine the decision by using the basis of the ratio decidendi. So the researchers here use qualitative methods, with data collection techniques with interviews and documentation, and the data is analyzed by data analysis, data reduction, data presentation and conclusion drawing. The results of this study are where the procedure for examining divorce divorces and claims for reconciliation at the Kediri Regency Religious Court is that the applicant and the respondent are present at the trial, mediation is continued with the answer stage and proof of convention and reconciliation, conclusions and the judge conducts deliberation to determine the verdict. The ratio decidendi determined by the judge in the divorce case with the reconciliation suit is based on evidence, the judge can determine the ratio or the amount of obligation that must be given by the husband to his wife. And the judge's ratio decidendi was made on the basis of the thought of the panel of judges in deciding the case, and the judge gave the ratio based on the facts of the work and income and the husband's ability, then the judge granted the petition for reconvention in case number no.2016/pdt.G/2021 /PA.Kab.Kdr by stipulating the amount of iddah, mut'ah and madliyah expenses of Rp. 16,000,000 based on evidence of the husband's ability and granting the applicant's request for divorce to give permission to impose raj'i divorce to the respondent