JUDEX FACTI OF RELIGIOUS COURT REGARDING DIVORCE CASE : ANALYSIS OF DECISION NUMBER 2029/pdt.g/2022/PA.btm

Abstrak

Religious courts are one of the four courts in Indonesia's judicial system. Religious courts have an important role in resolving legal issues related to Islam in Indonesia. The Indonesian Religious Courts are organized in two levels, namely the first level judiciary consisting of the Religious Court/Mahkamah Syar'iyah and the appellate level judiciary, consisting of the Religious High Court/Mahkamah Syar'iyah Province. These two courts are the judex facti tasked with formulating facts, finding causal relationships and probabilities. The Religious Courts are the courts responsible for adjudicating Islamic civil cases. Divorce is an event in which a married couple legally breaks the marriage relationship that has existed between them. This research uses a type of juridical-normative research method. The approach used in this research is a statutory approach and a conceptual approach. The juridical-normative research method is conducted by examining secondary data. The method of analysis applied in analyzing the data mentioned above is descriptive-qualitative analysis method.