Pembuktian dalam Perkara Perceraian di Pengadilan Agama

Abstract

Evidence in the Religious Courts uses the System and Evidence Instruments used in the General Court Environment except for matters specifically regulated in the Law on Religious Courts. One of the matters regulated specifically is for the Divorce Process. The main problem in this research is how to prove in Divorce Cases in the Religious Courts? how is the application of the process of proving the Divorce Case in practice in the Religious Courts? The type of research used is Empirical Normative, where the researcher tries to conduct research on secondary data and its implementation in practice; The research is descriptive-analytical in nature, and the data sources used in this study are secondary data such as the Law on the Religious Courts and HIR, as well as secondary legal materials such as books and scientific writings by legal experts in the field of procedures at the Religious Courts; which is supported by primary data in the form of interviews with relevant sources such as Judges in the Religious Courts. The results of the study show that divorce cases in Law no. 7 in 1989 Jo. Law No. 3 of 2006 Jo. Law No. 50 of 2009 concerning the Religious Courts, the rules for proving use the HIR and matters specifically regulated in the Law on the Religious Courts as well as the proof in the practice of proceedings in the Religious Courts use various rules scattered in several regulations, including SEMA.