Selasa, 09 Agustus 2011

Divorce Terms Potential Abused

Jucicial review the constitutionality of the material Act 1 / 1974 on Marriage filed Agustina Halimah binti Abdullah Kamil, re-tried in the Constitutional Court (MK), Tuesday (09/08/2011). The trial for case No. 38/PUU-IX/2011 heard expert testimony.
In the presence of nine Constitutional Court Justices headed by Moh. Mahfud MD, the power of the Government, H. Sincerely declares, in the language of religious marriage is called mitsâqan ghalîzhan is a strong agreement, to justify the unlawful and makes worship. Marriage is intended to establish a family life is eternal, whole, harmonious, happy, and prosperous. And is a form of servitude to Allah SWT.
"For that, the marriage is necessary to mutual understanding, understanding, awareness to build a family that sakinah, mawaddah, wa Rahmah," Sincere said the Government read the written statement.

Last road
Marriage Law, in case the arrangement of a marriage breakup, according to the government, has given signs that sufficient to provide a way out for the husband and wife if they are not able to maintain a harmonious household. Article 39 paragraph (1) Marriage Law which states, "Divorce can only be done in front of the courtroom after a court in question tried and failed to reconcile the two sides."

"This provision suggests that divorce is a last resort that should be taken if both parties can not maintain the integrity of the household," said Sincere.
According to the Government, divorce cases that occurred between the Applicant (Halimah bint Abdullah Agustina Kamil) with her husband (HM Soeharto’s son Bambang Trihatmodjo) is related to the implementation of law enforcement practices undertaken by law enforcement, in this case to the Court of Justice and Religious Affairs is not an issue of constitutionality provisions petitioned for review them.
Based on the explanation, the Government asked the Court to reject the petition Halimah. "Rejecting the petition entirely," pleaded Sincere.

Potential Abused

On the same occasion, Halimah who represented his legal counsel, Chairunnisa Jafizham and Laica Marzuki, presented three experts, namely Bismar Siregar, Marzuki Darusman, and Makarim Wibisono. Bismar Siregar, said in his statement, the divorce between the Halimah Bambang Tri Suharto after a few tens of years they foster domestic life, raising questions. Because the petition Cassation Bambang examined and tried by the Supreme Court Judge who stated that the relationship between the Halimah Bambang incompatible with the harmony. Therefore, Bambang has the right to drop the divorce.

Meanwhile, Marzuki Darusman said, the explanation of Article 39 paragraph (2) f of Marriage Act has the potential to be abused. "The problem that may arise among them, is primarily a result of the wrongdoing of the parties, in general, men in relationships with third parties that can not be accepted by the other party, usually the woman. In practice, the situation is what led to the elucidation of Article 39 paragraph (2) f of more harmful to women and lead to women’s rights as human rights become vulnerable, "said Marzuki.
In line with Marzuki, experts Makarim Wibisono applicant states, the explanation of Article 39 paragraph (2) f is detrimental to women and wives for not giving justice to him and reflects the lack of equal rights for women with the rights of husbands and wives. The husband can easily divorce his wife by reason of continuous disputes and quarrels.
"Because that provision did not request or require clarification of who causes, who the trigger, or what was to become prime clauses. This is unfair, anyone women or wives who build the basis of noble households, derived from a sense of love and affection will not be able to receive if her husband’s affair and had an affair with another woman (WIL), "said Makarim . (Nur Rosihin Ana / mh/

0 komentar:

Posting Komentar