Skripsi
PERLINDUNGAN HUKUM TERHADAP PEREMPUAN DALAM PROSES PERCERAIAN DENGAN ALASAN KEKERASAN DALAM RUMAH TANGGA MENURUT PERMA NOMOR 3 TAHUN 2017 DAN KOMPILASI HUKUM ISLAM
This research examines legal protection for women victims of Domestic Violence (DV) in divorce proceedings based on Supreme Court Regulation (PERMA) Number 3 of 2017 and the Compilation of Islamic Law (KHI). The background of the study is motivated by the high rate of divorces caused by domestic violence, particularly in Palembang City, as well as the still limited fair legal protection for women both during court proceedings and after divorce. The purpose of this research is to identify the forms of legal protection provided and to analyze the application of the principles of non-discrimination and gender equality in divorce cases resulting from domestic violence. The research method used is normative juridical research with a statutory and conceptual approach, conducted through the study of regulations, doctrines, and related legal literature. The results of the study indicate that legal protection is realized through two aspects. First, PERMA Number 3 of 2017 provides procedural protection during court proceedings by emphasizing gender-sensitive judicial attitudes, prohibiting discrimination, and preventing abuse against victims. Second, the Compilation of Islamic Law provides substantive post-divorce protection, including iddah maintenance, mut’ah, settlement of the dowry, provision of housing during the iddah period, and child custody rights. Thus, legal protection for women victims of domestic violence includes protection during court proceedings and after divorce, both of which must be implemented based on the principles of justice, equality, and respect for human dignity.
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