HAK-HAK PEREMPUAN DAN ANAK PASCA PERCERAIAN DALAM MEDIASI DAN PUTUSAN DI PENGADILAN AGAMA

Abstract

Women and children are the vulnerable groups who need protection when filing for divorce in court. Therefore, the mediator who carries out the mediation and the judge who decides the case are required to pay attention to this. This study aims to determine whether mediation and religious court decisions have included the rights of women and children after divorce. This research is a qualitative-normative. The primary data sources for this research are decisions of religious court judges and secondary data sources include relevant literature with the research theme and the results of recent research and/or surveys. The data collection technique used is documentation and data analysis in this research is prescriptive. The results of the study indicate that the decisions of the existing religious courts have illustrated that mediators and judges have tried to provide life guarantees for women and children in divorce cases. Court decisions in their development have tried to provide protection in the form of imposition of costs as a result of divorce, both those submitted by themselves and those submitted by the husband to the Religious Court in the form of iddah, mut'ah, madliyah, child support, joint property, and so on.