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YURISPRUDENSI MAHKAMAH AGUNG REPUBLIK INDONESIA MENGENAI HUKUM PERKAWINAN

YURISPRUDENSI MAHKAMAH AGUNG REPUBLIK INDONESIA MENGENAI HUKUM PERKAWINAN

Putusan Mahkamah Agung Republik Indonesia No. 726 K/Sip/1976  Tanggal 15 Pebruari 1977, Kaidah Hukumnya berbunyi: “Karena perkawinan dilangsungkan sebelum Undang – Undang No.1 Tahun 1974 berlaku secara efektif, maka berlaku ketentuan – ketentuan hukum sebelumnya, yang dalam hal ini adalah ketentuan – ketentuan perkawinan menurut BW sekalipun yang bersangkutan beragama Islam”;

Putusan Mahkamah Agung Republik Indonesia No. 1650 K/Sip/1974  Tanggal 13 Nopember  1974, Kaidah Hukumnya berbunyi:”Menurut hukum, peralihan agama tidak menyebabkan batalnya/gugurnya perkawinan (Pasal 72 HOCI). Berdasarkan Pasal 66 UU No.1/1974 jo. Pasal 47 PP No. 9/1975, Pasal 72 HOCI tersebut masih berlaku, karena hal ini belum diatur dalam Undang – Undang Perkawinan yang baru dan Peraturan Pemerintahnya”;  

Putusan Mahkamah Agung Republik Indonesia No. 435 K/Kr/1979  Tanggal 17 April   1980, Kaidah Hukumnya berbunyi:”Keberatan penuntut kasasi:”bahwa Pasal 279 KUHP adalah merupakan pasal yang berlaku bagi perkawinan monogami, sedang penuntut kasasi tidak terikat dengan perkawinan monogami”. Tidak dapat diterima, karena penuntut kasasi I yang masih terikat tali perkawinan dengan Rubaidah, tidak dapat kawin lagi sebagaimana diatur dalam Pasal 9 Undang – Undang Perkawinan, kecuali memenuhi pelbagai persyaratan yang diatur dalam Pasal 3 ayat (2) Pasal 4, dan 5 undang – undang ini”;  

Putusan Mahkamah Agung Republik Indonesia No. 561 K/Pid./1982  Tanggal 2 Juli   1982, Kaidah Hukumnya  berbunyi:”Meskipun menurut yurisprudensi Pasal 284 ayat (1) KUHP berlaku bagi seorang suami yang tidak tunduk pada Pasal 27 BW, hal ini tidaklah berarti bahwa untuk diindahkannya pengaduan  dari suami yang dipermalukan haruslah terlebih dahulu ada perceraian antara dia dan isterinya yang berzina itu”;

Putusan Mahkamah Agung Republik Indonesia  Reg. No. 1400 K/Pdt/1986  Tanggal  20  Januari    1989, Kaidah Hukumnya berbunyi:

” – Pasal 63 (1)a UU No.1/1974 menyatakan bahwa apabila diperlukan campur tangan Pengadilan, maka hal ini merupakan wewenang Pengadilan Agama, namun Pengadilan Agama menolak melaksanakan perkawinan dengan alasan perbedaan agama, akan tetapi alasan tersebut tidak merupakan larangan untuk melangsungkan perkawinan sebagaimana dimaksud Pasal 8 UU No. 1/1974;

– Dengan tidak diaturnya perkawinan antar agama di dalam UU No.1/1974 dan di segi lain merupakan UU produk kolonial yang mengatur hal tersebut, akan tetapi UU ini tidak mungkin dapat dipakai karena perbedaan prinsip dan falsafah”;

Putusan Mahkamah Agung Republik Indonesia   No. 1448 K/Sip/1974  Tanggal  9  Nopember   1974, Kaidah Hukumnya berbunyi:”Sejak berlakunya Undang – Undang Nomor 1 Tahun 1974 Tentang Perkawinan, hanya benda yang diperoleh selama perkawinan menjadi harta bersama, sehingga pada saat terjadinya perceraian harta bersama tersebut harus dibagi sama rata antara bekas suami isteri”;

Putusan Mahkamah Agung Republik Indonesia   No. 1476 K/Sip/1982  Tanggal  19  Juli    1982, Kaidah Hukumnya berbunyi: “Menurut hukum adat, meskipun seorang isteri nusyus (ingkar, atau lari dari suami) tidaklah hilang haknya untuk mendapatkan bagiannya dari barang – barang gono – gini (harta seharkat) yang diperolehnya semasa perkawinan”;

Putusan Mahkamah Agung Republik Indonesia   No. 392 K/Sip/1969  Tanggal  30  Agustus    1969, Kaidah Hukumnya berbunyi:”Pembagian harta guna kaya antara bekas suami isteri masing – masing 50%. Pemeliharaan anak – anaknya yang belum dewasa diserahkan kepada si ibu. Biaya penghidupan, pendidikan dan pemeliharaan anak – anak tersebut dibebankan kepada ayah dan ibu, masing – masing 50%”;

Putusan Mahkamah Agung Republik Indonesia  Reg. No. 3180 K/Pdt/1985  Tanggal  28  Januari    1987, Kaidah Hukumnya berbunyi:”Pengertian cekcok yang terus – menerus yang tidak dapat didamaikan (onheelbare tweespalt) bukanlah ditekankan kepada penyebab cekcok yang harus dibuktikan, akan tetapi melihat dari kenyataannya adalah benar terbukti adanya cekcok yang terus – menerus sehingga tidak dapat didamaikan lagi”;

 

 

Jakarta, 28 Agustus 2018

Dihimpun dan dipublikasikan oleh: Appe Hamonangan Hutauruk, SH., MH.

 

 

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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