Legal Construction of Kajen Religious Court Judge's Decision Regarding Claims for Sharing of Salaries in Divorce Cases for Civil Servants

Abstract

Article 8 of Government Regulation Number 10 of 1983 which was later updated in Government Regulation Number 45 of 1990 is a disciplinary regulation for Civil Servants which specifically regulates divorce and marriage permits for civil servants. Divorce as part of marriage matters is truly the absolute competence of the Religious Courts, but the details of the existing articles, such as the issue of salary distribution as a result of divorce, whether or not it becomes a legal tool in procedural practice in the Religious Courts or not is still a matter of debate. The author divides three formulations into the discussion, namely: Judge's Authority, Judge's Legal Considerations and Legal Construction of Kajen Religious Court Judges in Deciding Salary Distribution Claims Due to Divorce of Civil Servants. This research is library research. The normative juridical method is used with a statutory approach and a conceptual approach. A normative juridical approach is applied because this research is related to government regulations which discuss the distribution of salaries due to divorce and the binding force of a regulation in the practice of proceedings in the Religious Courts. The sources and types of data used are primary, secondary and tertiary data with collection techniques through interviews and documentation. The problem is analyzed using the theory of legal certainty, the theory of legal discovery and the theory of justice. The Kajen Religious Court judge is of the view that the issue of salary distribution as a result of civil servant divorce is not within the authority (absolute jurisdiction) of the Religious Court, but rather the authority of the State Administrative Court. This is because the person who handles salary issues is the treasurer who is a state administrative official. So that all problems that arise within it fall under the authority of the State Administrative Court. Only in the future, if the same case is encountered, it would be better if it is accompanied by a solution for burdening maintenance due to divorce in the form of iddah maintenance and child maintenance in accordance with the provisions of Islamic law, the values of which are embodied in the Marriage Law and the Compilation of Islamic Law. This will provide more legal certainty and also fulfill a sense of justice.