RELEVANSI IKRAR TALAK DENGAN PEMBAYARAN NAFKAH IDDAH DAN MUT’AH (KAJIAN MENDALAM TERHADAP SEBUAH PUTUSAN PENGADILAN AGAMA)

Abstract

When divorce becomes the last resort for a married couple, it inevitably brings legal consequences, particularly regarding the husband’s obligations to his wife, including the provision of nafkah iddah dan mut’ah. In Decision Number 1401/Pdt.G/2021/PA.Smd, the Panel of Judges of the Relegious Court of Samarinda issued a ruling ordering the husband to provide nafkah iddah amounting to idr 3.000.000 and mut’ah amounting to IDR 30.000.000 to his wife, with the payment to be made prior to the pronouncement of the ikrar talak. However, the case ultimatelt failed to be executed because the husband didn’t appear at the court session fot the ikrar talak, claiming his inability to fulfill the financial obligations imposed by the ruling. This study highlights that the judges legal reasoning didn’t adequately consider the husband’s financial capacity in determining the amount of nafkah iddah and mut’ah. Consequently, the decision didn’t represent an ideal ruling as it overlooked essential factors such as the husband’s employment and economic condition. As a result, the verdict couldn’t be enforced, the marriage bond between the parties remained intact and the husband’s right to pronounce divorce automatically lapsed. Accordingly, divorce could no longer be filed on the same grounds.