Divorce Trial Research Articles

The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia

This research aimed to analyze the legal basis and considerations of judges in deciding ghoib divorce cases and their legal consequences for the parties involved. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that in deciding ghoib divorce cases, the Panel of Judges considered various aspects balanced, including the reasons for divorce given by the plaintiff and witness testimony. The judge made the appropriate decision by verstek, granting the ghoib divorce lawsuit and imposing talaq one ba’in sughra. The legal consequences of ghoib divorce refer to Article 119 of the Compilation of Islamic Law, which regulates talaq ba’in sughra, while Law Number 1 of 1974 and the Civil Code only regulate the legal consequences of divorce in general. Therefore, it is recommended that judges consistently adhere to the principles of justice and caution when handling ghoib divorce cases. Married couples must realize that disappearing without a trace is not a wise solution and will only complicate problem-solving. Divorce should be pursued as a last resort after all efforts to maintain the household have failed. Furthermore, the government needs to create more transparent and comprehensive rules and guidelines regarding the ghoib divorce trial process in Religious Courts to avoid legal uncertainty and ensure the protection of all parties’ rights.

Az ágytól és asztaltól történő elválasztás az egyházjogban a 19-20. században, kitekintéssel a magyar magánjogra

The most important procedure before canonical tribunals was separation from bed and board (separatio a mensa et toro) which has been the most frequent procedure and has been the antecedent of the divorce trial. (Although it has to be mentioned that the latter has not been a ‘classical’ divorce, because it was not permitted for a long time, more exactly until the Marriage Act of 1894.) Moreover, it could be mentioned that the matrimonial regulation of the two legal systems, namely the national particular canon law and the State private law, has been strongly influenced by each other which was reflected in the interacted legal institutions such as in the regulation of the separation.

TINJAUAN HUKUM PEMBERIAN NAFKAH IDDAH PADA PERKARA NOMOR 1954/pdt.g/2019/PA.Btm

This study discusses how to analyze the judge's decision on divorce in decision number 1954/pdt.g/2019/PA.Btm. then analyze the judge's decision to determine the cost of iddah and legal review of the divorce decision. The research method used is a juridical approach method based on legislation on religious courts and complications of Islamic law. Several factors lead to divorce such as differences of opinion, quarrels, arguments and disputes that cause dislike between husband and wife. In preventing divorce, it can be done by mediation, but if it does not find a middle point in the problem between husband and wife, it will proceed to a divorce trial in a religious court.
 

“Can Men Have Hearts?”: Susa Young Gates's Divorce, 1878

“Can Men Have Hearts?”: Susa Young Gates's Divorce, 1878

Divorce Pandemic Rate During the Covid-19

The purpose of this writing is to find out the reasons for the decline of divorce during the COVID-19 pandemic and find out what efforts will be made to overcome divorce cases during the COVID-19 pandemic in the Gorontalo religious courts. qualitative with an empirical approach. The analysis technique uses a quality technique, namely data in the form of words obtained from the interview, and other documents. The result of the author is that religious courts carry out the same regulations as in courts of other regions, using mediators, access reduced by the government, the intensity of meetings between husband and wife, and the process of registration of divorce trials is completely changed with the IT system. Other efforts that can be done to minimize divorce during the Covid-19 pandemic that may be considered quite difficult, such as understanding each other, talking about wise solutions in an unemotional way, and respecting opinions that differ from other family members so as not to cause misunderstandings. And the efforts made by the Gorontalo religious court are socialization and mediation

Studi Kasus Putusan Pengadilan Agama Cianjur Nomor 1808/PDT.G/2018PA.CJR Tentang Pembatalan Perkawinan Dikarenakan Adanya Pemalsuan Akta Cerai yang Dilakukan oleh Istri Ditinjau dari Undang-Undang Perkawinan, Hukum Islam, dan Undang-Undang Peradilan Agama

Divorce is the breakdown of the marital relationship between husband and wife. A divorce must have a compelling reason that husband and wife cannot get along again as husband and wife. In Article 65 of the Religious Justice Act it is asserted that divorce can only be carried out before a Court hearing after the Court concerned has tried and unsuccessfully reconciled the two parties. One of the cases in the Cianjur Islamic Civil Court Number 1808/Pdt.G/2018/PA.Cjr where the Plaintiff filed a marriage annulment suit against the marriage of Defendant I and Defendant II who used the divorce certificate because Defendant I had never conducted a divorce trial in the Cianjur Islamic Civil Court with the Plaintiff. This study aims to determine the validity of marriage annulment because the forgery of divorce certificates based on Islamic Law is associated with the Marriage Law and the Compilation of Islamic Law and the legal consequences of marriage annulment against Plaintiffs and Defendant I and Defendant I and Defendant II are associated with the Marriage Law and the Law Of Religious Court.

Studi Kasus Putusan Pengadilan Agama Cianjur Nomor 1808/PDT.G/2018/PA.CJR tentang Pembatalan Perkawinan dikarenakan Pemalsuan Akta Cerai

Divorce is the breakdown of the marital relationship between husband and wife. A divorce must have a compelling reason that husband and wife cannot get along again as husband and wife. In Article 65 of the Law on Religious Courts it is asserted that divorce can only be carried out before a Court hearing after the Court concerned has tried and unsuccessfully reconciled the two parties. One of the cases in the Cianjur Religious Court Number 1808/Pdt.G/2018/PA.Cjr where the Plaintiff filed a marriage annulment suit against the marriage of Defendant I and Defendant II who used the fake divorce certificate because Defendant I had never conducted a divorce trial in the Cianjur Religious Court with the Plaintiff. This study aims to determine the validity of marriage annulment because the forgery of divorce certificates and the legal consequences of marriage annulment against.

Juanita Brooks's Footnote: History, Memory, and the Murder of Olivia Coombs

Juanita Brooks's Footnote: History, Memory, and the Murder of Olivia Coombs

Divorce Fact Detection Based on Internet User Behavior Using Hybrid Systems with Combination of Apriori Algorithm and K-Means Method

An ideal couple should sustain the family's ark till the end of their life without divorce. This study aims at seeking the association between divorce and internet behavior of searching negative keywords. The study observes four keywords, which are porn, sex, gay, and lesbian. We collected keyword usage data from google trend reports and obtained divorce court figures from the Religion Court of Padang. We used the apriori algorithm to reveal the association between divorce and internet behavior observing individual keyword searches and in groups. We used the K-Means algorithm in classifying negative word searches and divorce trial numbers from a group of existing data. We also investigate the combination of the apriori algorithm and the K-Means method to detect divorce facts and the behavior of internet users. The combined method has been successful in revealing the positive association between divorce facts and the behavior of internet users.

Penerapan Asas Mempersulit Proses Perceraian Pada Persidangan di Pengadilan Agama Bengkulu

Marriage is a physical and mental 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 One Godhead. But in reality, there are still many households that end up in divorce. To prevent divorce in the household, positive marriage law in Indonesia adheres to the principle of complicating divorce, the application of which is manifested in the necessity for reasons as regulated in law and divorce can only be made with a decision to file will be implemented at the time of the divorce process in court Religion. This research aims to understand the application of the principle of complicating divorce in the Bengkulu Class 1A Religious Court, with the following problems: What are the factors causing the divorce in the Bengkulu Class 1A Religious Court and, how does the implementation of the principle complicate the divorce process in the divorce trial at the Bengkulu Religious Court. For the purposes of this study, empirical research methods are used, which directly search for data in the field. In analyzing the field data, sociological analysis and normative analysis were used to obtain comprehensive analysis results. Based on the results of field research, it was concluded that divorce in Bengkulu was generally based on economic reasons, and consecutively due to domestic violence, and reasons for having an affair. Of the reasons put forward by the parties who filed for or sue for divorce, most of them are due to economic reasons.

SAKSI KELUARGA DALAM PERKARA PERCERAIAN PADA PENGADILAN AGAMA MAROS

Everyone is considered capable of being a witness, unless the law dictates otherwise. The prohibition of family witnesses to be presented in divorce trials is a prohibition that is devoted to divorce cases for the sake of avoiding the witness's non-objective attitude in giving testimony. The main research problem was How is the effectiveness of the family witnesses prohibition implemented in divorce cases according to Article 172 clause (1) RBg? This study employed empirical normative legal research methods. The results showed that the implementation of the family witnesses prohibition in divorce cases at the Maros Religious Court was ineffective due to the existence of family witnesses who were still presented by the plaintiff or defendant in court on the grounds of divorce outside syiqaq by considering family closeness to husband and wife which made family witnesses know the household condition.

Sovereignty at Bridewell Palace: Gender in the Architectural Designs of Hans Holbein the Younger

This essay examines the representation of gender and sovereignty in a little examined design for a royal fireplace created by Hans Holbein the Younger during the reign of Henry viii. When Henry sought to divorce Catherine and to establish the Church of England, the Bridewell precinct became a site for political upheaval. As Holinshed’s Chronicle details and William Shakespeare and John Fletcher’s 1613 All Is True or Henry viii would later dramatize, Bridewell and the neighboring Blackfriars staged the divorce trial and removal of Catherine’s sovereignty as Queen. By examining Holbein’s design that Bridewell palace became a palimpsest upon which the crown continually cultivated its dynastic desires –desires that Holbein’s design prove to be imbricated with questions of gender and sovereignty. Gender, sex, and reproduction are central to Holbein’s representation of the Tudor dynasty. Yet, alongside this gendered discourse is a legal one. Holbein depicts the law and justice as mechanisms which can redefine a sovereign woman’s subjectivity and curb her agency in submission to her King and husband. Thus, from Holbein’s fireplace emerges an ideology of familial dynasty and imperial aspirations built atop the legal subjection of women.

Adulterous Agency and the Fragile Feminine Reputation in the Colonial Divorce Court

ABSTRACTIn 1879, Sydney was kept in thrall by the scandalous divorce trial of Jane Dibbs, whose wealthy husband, John, accused her of adultery. This article argues that by attending to men as the chief historical actors, historical research has erroneously depicted women as passive subjects and denied that they too are energetic social actors. Using legal records and press reportage, it suggests that the extramarital sexual liaison provided women with a potential context in which to exercise agency, despite their structural disempowerment. By exploring Jane Dibbs’s efforts to lead an autonomous existence away from her husband’s despotic control, the paper confirms that one can be both agent and subjugated subject, a suggestion strengthened by adopting the phenomenological notion of embodiment. This concept allows us to recognise how women could use their bodies to transgress gender norms and resist patriarchal authority. In tracing the dire consequences of Jane Dibbs’s sustained resistance, however, it is evident that the painstakingly constructed feminine persona was no match for masculine might. Unable to earn a living wage, deprived of her children, and facing social exclusion, the elite woman undergoing divorce proceedings suffered in a particularly destructive way.

Análisis de los tipos de divorcio y la incidencia legal con los hijos

Contentious divorce influences the fixing of alimony in favor of children and adolescents in Ecuadorian society, it is a problem that undermines the superior right of children and adolescents. The present research work has as a general objective, the study, the causes, the occasion, the relation of food, girls, boys, girls and adolescents, in the city of Machala, during the year 2017. The historical and the empirical through the surveys. Reaching the conclusion that in the contentious divorce trial no provisional alimony is fixed in favor of the children and adolescents because the law does not have it available; For example, it is not a civil process divorce.

Inequality in Political Philosophy and in Epidemiology: A Remarriage

AbstractIn political philosophy and in economics, unfair inequality is usually assessed between individuals, nowadays often on luck‐egalitarian grounds. You have more than I do (through no fault of my own) and that's unfair. By contrast, in epidemiology and sociology, unfair inequality is traditionally assessed between groups. More is concentrated among people of your class or race than among people of mine, and that's unfair. I shall call this difference the egalitarian ‘divorce’.Epidemiologists, and their ‘divorce lawyers’ Paula Braveman, Norman Daniels, and Iris Marion Young, explain that not every inequality between individuals is an inequity. Only inequality between social status groups is unfair. Only such inequality stems from problems like partiality, discrimination, oppression, inequality‐related population health problems, and unfair distribution of prospects. And it alone is actionable. By contrast, inequality between individuals, e.g. in longevity, is natural, inevitable, less important, or otherwise less informative — not unjust.In ‘divorce trial’ mode, I respond to epidemiologists that group inequalities lack the intrinsic disvalue that they ascribe them. They may be instrumentally or contingently bad or wrong, not essentially so. I then shift to ‘remarriage’: although group inequalities lack intrinsic badness or wrongness, for multiple reasons they remain useful to measure.

Upaya (Hukum) Termohon Ikrar Talak yang Tidak Ditalak dalam Persidangan Pengadilan Agama

In divorce cases, the absence of the respondent or wife has no effect on the exercise of the talaq pledge, talaq pledge can still be carried out even if the respondent or wife is not present. But conversely, the absence of a husband in a divorce trial as Petitioner pronunciation divorce pledge has legal implications extraordinary. Article 70 paragraph (6) of the Law on Religious Courts asserted that without the presence of the husband in the trial pronunciation pledge divorce causes a court decision religion that had permanent legal force becomes null and void and has implications for the status of marriage between the Petitioner and the Defendant remains valid and binding as normal. The absence of the rule of law that can be coercive power for the Petitioner to carry out the verdict, it does not negate the legal remedies that can be done by the wife as a defendant to fulfill his legal rights. Legal remedies that can be dane include 1) Telling on neglect that happened to the authorities by using laws instruments of domestic violence elimination, 2) filing for divorce, as in general, 3) applying for judicial review to the Constitutional Court, or 4) applying for the execution of the content of the pledge decision/determination of divorce case to the religious court.

Performative Affectivity and theLetitia Ernestine BrownDivorce Case

AbstractThis article introduces the now-forgotten but then-sensational 1928 Letitia Ernestine Brown v. Carlton Curtis, alias “Harry Brown” separation suit in order to argue for a revitalized theory of the performativity of race, one secured not by the compulsory repetition of social norms (or their subversive undoing) but by the unritualized expression of wants, feelings, and desires. I place this trial alongside the better known Rhinelander v. Rhinelander divorce trial of 1925, which has been an influential site for scholars interested in demonstrating race as performance, whiteness as property, and the provisionality of the color line. While the theories of racial performativity developed through analyses of the Rhinelander case are excellent at delineating the coercive force of performativity, they have been less attuned to performativity’s affective registers. Moreover, such scholarship often unwittingly reconfirms racial performance as tragedy and limits the affective scene of miscegenation to one pr...

Parental alienation diagnosis. A modern and effective subtype of domestic violence, endemic in Italian courts

In 1985 Gardner, publishing on sexual abuse [1], described a clinical picture, Parental Alienation Syndrome (PAS) as a “disorder that arises primarily in the context of childcustody disputes. Its primary manifestation is the child’s campaign of denigration against a good, loving parent, a campaign that has no justification.”[2]. Originally Gardner defined PAS in gender specific terms, mothers as alienators and fathers as victims. Later, he claimed that either parent could be an alienator [2]. However, almost always, PAS affects women. Gardner specified “when true parental abuse and/or neglect is present the child’ sa nimosity may be justified, and so the parental alienation syndrome diagnosis is not applicable” [2] but never clarified how to make such differential diagnosis [3-5]. In Gardner’s mind, women involved in divorce trial become psychopathic in the sphere of life related to parenting [6], although PAS “is not only simply a matter of brainwashing or programming in that the children contribute their own elements” [4]. It is based on three main principles: a. the children are liars; b. the father’s alienation is a mother’s responsibility; c. the allegations of maltreatment are false. To a large extent, PAS tautologically presumes lack of justification for the refusal, maternal programming and absence of children’s credibility. PAS’ treatment, based on legal coercion through court-ordered threats of deprivation of custody to force mothers and children to act with affection toward the father, violates the principles of good medical practices [7]. PAS’s theoretical roots lie on Gardner’s theory of human sexuality that justifies adult-child sexual contact and gender violence as beneficial to the reproduction of the species and PAS becomes “a defence strategy for abusive fathers, facilitating these men’s projection of blame for their children’s refusal onto mothers as a counter-claim to, and evidentiary shield against, allegations of violence” in domestic violence cases [7]. PAS is detrimental to children, women and honest men’ civil rights and to Justice! It is a tool aimed to punish women and children reacting to a patriarchical system that presumes all reports of male violence are false and punishes protective mothers. According to American Academy of Paediatrics family violence is a paediatric issue[8]. PAS-ideology’s influence on family and criminal Court could lead to wrong decisions with foreseeable emotional upset and trauma to the children and consequently to stark outcomes, including murder and suicide, as in the past [6].

Parental alienation syndrome (PAS): unknown in medical settings, endemic in courts

A purposed syndrome of so-called parental alienation (PAS), unsupported by any evidence-based data, unknown in medical settings, unquoted in medical books, absent in DSM and ICD, never demonstrated by controlled studies published in high scientific level journals, is rampant in Courts where it can lead to loose parental custody. During a divorce trial, almost always the mothers and the children, become joint in a sort of folie au deux, in a denigration campaign of ex-husband/father. From a review on this issue it seems evident its theoretical roots lie on a theory that justify gender violence and children sexual abuse. The bias that both of them are layers and that he children have not autonomy block their possibility of any defence in front of a Court. In severe cases, PAS becomes a new and efficient tool of intra-familiar violence. The treatment of severe cases is to stop any contact between mother and children. The resort to PAS in Courts must be strongly rejected.

Eugene O'Neill's Exorcism

Eugene O'Neill's <i>Exorcism</i>