Pertimbangan Hakim Terhadap Putusan Cerai Gugat Karena Istri Selingkuh (Studi Kasus Di Pengadilan Agama Stabat No. 18/Pdt.G/2020/PA)

Abstract

In essence, humans are social creatures who need other humans to navigate the wheel of life. Humans
do this by seeking friends and life partners. One way to continue their lineage is through marriage. For
humans, marriage is not simply sexual intercourse between members of the opposite sex, as is the
case with other creatures. Rather, it aims to form a happy and lasting family. In traditional societies,
marriage is even seen as a way to build, foster, and maintain harmonious and peaceful kinship
relationships. It is a natural state of affairs that men and women, regardless of gender, are mutually
attracted to each other and want to live together. It is well known and acknowledged that the goals of
marriage are not always achieved according to plan, despite every effort. In fact, harmony and
harmony between husband and wife can sometimes fail, leading to hostility. The causes of divorce are
varied, including interference from a third party or infidelity. Infidelity is a case of adultery and
infidelity of a husband or wife involving a third party as a lover. This thesis is included in the
category of descriptive analytical field research, namely by conducting direct research at the Stabat
Religious Court which is then analyzed using deductive qualitative analysis methods. The data
collection techniques used are documentation and direct interviews with the Judges. In the analysis, a juridical and normative approach was used, so that it was known whether or not the considerations of
the Stabat Religious Court Judge in deciding on a divorce due to infidelity were in accordance with
Positive Law and Islamic Law. Therefore, based on the above facts, the Stabat Religious Court Judge
attributed infidelity as a reason for divorce to Article 19 letter (f) of PP No. 9 of 1975 JO. Article 16
letter (f) Complications of Islamic Law.